Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 02 August 2015), January 1748 (17480115).

Old Bailey Proceedings, 15th January 1748.

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery FOR THE CITY OF LONDON; And also the Goal Delivery for the County of MIDDLESEX,

HELD AT JUSTICE-HALL in the OLD-BAILEY,

On FRIDAY the 15th, SATURDAY the 16th, and MONDAY the 18th of January.

In the 21st Year of His MAJESTY's Reign.

BEING THE Second SESSIONS in the MAYORALTY of the

Rt. Honble Sir Robert Ladbroke , Knt. LORD-MAYOR of the CITY of LONDON.

NUMBER II.

LONDON:

Printed, and sold by M. Cooper, at the Globe in Pater-noster Row . 1748.

THE PROCEEDINGS ON THE

King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery held for the City of London, &c.

BEFORE the Right Honourable Sir Robert Ladbroke , Knt. Lord-Mayor of the City of London, the Right Honourable the Lord Chief- Baron PARKER , Mr. Justice FOSTER, JOHN STRACEY , Esq; Recorder, and others of His Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City, and County of Middlesex.

London Jury.

George Harrison ,

William Parker ,

John Rivington ,

Nicholas Parkes ,

George Sterrop ,

Philips Garden ,

Samuel Collyer ,

John Hill ,

William Hollamby ,

Thomas Barkham ,

Jonathan Beake ,

Joseph Babb .

Middlesex Jury.

William Bilson ,

Samuel Warburton ,

John West ,

William Rhodes ,

John Solby ,

Samuel Spencer ,

John Girdler ,

William Heritage ,

William Brackett ,

Joshua Braddock ,

Francis Broadhead ,

Robert Davis .

71. + George Knight , of London, labourer , was indicted for stealing nine yards three quarters of broad cloth, value 3 l. the goods of William Wilson , in the dwelling-house of George Davis , December 31 .

Geo Davis . I hired the Prisoner as a weekly boy to run of errands , and on Dec. 31. I found out that I had lost nine yards three quarters of broad cloth, the property of William Wilson .

Q. What made you suspect the Prisoner?

Davis. Because he was an idle boy, and always given to gaming. I found three yards and three quarters of it at one Mr. Granger's, a pawnbroker on Puddle-Dock Hill. This is part of the nine yards three quarters that I lost, and the boy confessed, that he took it out of the middle room in my dwelling-house.

Prisoner. My master's man told me, if I would tell the truth, my master would not hurt a hair of my head.

Davis. I never made him any promise, nor never threatened him.

Sarah Murfin . The Prisoner gave me this piece of cloth to pawn for a friend of his .

Q. Did you know the boy before?

Murfin . I have known him two or three years.

Q. What did you do with the cloth?

Murfin . I carried it to Mr. Granger's, a pawnbroker.

Q. What did you pawn it for?

Murfin . For six shillings.

Q. Who did you give the money to?

Murfin . To the boy.

Q. What is the value of the cloth you have produced?

Davis. There are three yards three quarters, at 7 s. 3 d. a yard.

Pris. She said if I would bring her some cloth, she would pawn it for me.

Guilty of stealing the goods, but not guilty of stealing them in the dwelling-house .

+ George Knight was a second time indicted for stealing eight yards of broad cloth, value 3 l. and thirty yards of stuff, commonly called long ells, value 28 s. the property of Joseph Taverner , in the dwelling-house of - Ward .

Joseph Taverner . I am a cloth-worker ; I lost about eight yards of broad cloth, and several yards of long ells.

Q. What reason have you to think the Prisoner guilty?

Taverner. Because he confessed the fact; these four yards three quarters I found, which are my property.

Q. Where did you find that cloth?

Taverner. At Ward's, a Barber's house, where Murfin lodges.

Q. How do you know that to be your cloth?

Taverner. By the farrel; it is the head end.

Q. Is there any mark upon it?

Taverner. No, there is no particular mark; but there are some white spots upon it which I know it by.

Jury. There may be a great many pieces that may have white spots upon them.

Taverner. I am sure it is my cloth.

Daniel Hodges . I took this cloth out of Mrs. Wood's room in Mr. Ward's house, and Mr. Taverner said it was his. I had the key of the drawers, and opened them .

Q. How came you by the key?

Hodges. Mrs. Murfin brought up the key.

Prisoner. Ward's wife desired me to get this cloth for her.

Taverner. The boy owned he carried these goods to Mr. Ward's house.

Q. Was Ward himself by?

Taverner. The boy said sometimes he was and sometimes she was, and that sometimes he had a penny and sometimes two pence.

George Dunn , Constable. This cloth was delivered to me in the same condition it is now. I told Murfin I would have the drawers opened, and she went down and brought up the key. Mr. Hodges took it out of the drawer, and said it was his master's.

Guilty of stealing the goods, but not in the dwelling-house .

[Transportation. See summary.]

72. Anthony Walsh , of St. Clement's Danes , in the county of Middlesex, was indicted for stealing six silver tea-spoons, value 15 s. and a pair of silver tea-tongs, value 5 s. the property of William Brice , Nov. 28 .

William Brice . I had been out of town, and when I came to town I missed the spoons, &c. and I went to the Prisoner in order to make up matters; but he made his escape from me, took out an action , and confined me for three weeks, in order to make up matters with me.

Cecilia Read . There were six spoons lost on the 28th of November, out of the room next the street up two pair of stairs .

Q. What makes you think the Prisoner took them?

Cecilia Read . Because he was there that day, and took them up to handle them, and said they were pretty clean. In a short time after I missed them, but he told me he would stick me if I spoke of it; he afterwards went down stairs to make water, as he pretended, saving your favour, and run off.

Prisoner. I never said so to her. She came one Sunday morning to my lodgings with Mrs. Brice.

Q. to Cecilia Read . Did you go on Sunday morning?

Cecilia Read . Yes.

Emelia Brice . I went to the Prisoner's lodging on Sunday morning with this old woman, and he was in bed.

Q. What did the old woman say to him?

Brice. She said she would swear he stole the things, for no body else had them in their hands.

Q. What answer did he return to that?

Brice. He said, Mrs. Brice, if you do not mention it to any body, I will go along with you, and you shall have your things again. As he went along he went into three alehouses , and said he wanted to go to the vault; then he brought us into Drury-Lane, and under the pretence of making water, he took the opportunity to run off as fast as he could, and left us standing in the street. I heard a day or two after where he was to be found, and he was taken, but made his escape from two watchmen: I had then a warrant against him, and he was afterwards apprehended, and carried before a justice.

Q. Was you present when he was apprehended?

Brice. No, I was not.

Q. Did you go before the justice?

Brice. Yes.

Q. What did you charge the Prisoner with before the justice?

Brice. Half a dozen of silver tea-spoons.

Q. Did you charge him with stealing the spoons?

Brice. I charged him on suspicion.

Q. Did not your husband commit the Prisoner for beating him?

Brice. He was committed for felony.

Q. Was not the Prisoner committed for beating him?

Brice. I cannot tell.

Robert Count . I was spoke to, to come here to give the Prisoner at the bar a character.

Q. Do you know any thing of the matter?

Count . Nothing at all.

William Brice called again.

Q. You said you was out of town when the spoons were stolen, and was acquainted with it when you came home, What did you do upon this?

Brice. I endeavoured to apprehend him; and one night I got into company with him, by the means of a person, and seized him by the collar to detain him, according to Justice Frazer's order to me to apprehend him, and I got the assistance of all the people I could, but he broke from me that night, and made his escape, and I took him again on the day of commitment * by Justice Frazer.

* The day of commitment was on the 4th of January, and the commitment was for assaulting, beating and bruising William Brice , but he was detained, on the oath of Emelia Brice and others, on suspicion of stealing six silver tea-spoons, and a pair of silver tea-tongs.

Sarah Count , (for the Prisoner.) I have heard Mrs. Brice say to an old woman, You old b - h, you have robbed me of these things, and laid them to a man who never wronged me in his life.

Q. Tell me the time when this was.

Count . I cannot justly tell the time.

Q. Now tell me the words which Mrs. Brice used.

Count . She damned the old woman, and sunk her, and said , It is you, you old b - h, who robbed me of these things, and not the young man , and if he was to be brought upon his trial, I would be the person who would give him a character, that he never wronged any person since he was born.

Q. Where was this said?

Count. In Task-Court, Purpool-Lane .

Emelia Brice . Here is a letter, which will shew how long this woman (who now appears in behalf of the Prisoner at the bar) and he kept company together.

David Paine . I deal in the linen drapery way ; I have two half doors to my shop, I heard something of a noise, and looked, and saw these two boys; I was surprized to see them in the shop, as I knew the doors were shut; the little one went out, and I laid hold of the great one. Said I, what business had you in the shop, and now you want to go out again? He said he came with the little boy that went out. I told him, I believed he was one of those who had robbed me some time before, and I would take him before a magistrate; though I did not know at that time that he had robbed me of any thing. The great one was a little frightened, and said he did not take any thing, but at last he confessed, that they had taken two pieces off a shelf, and he shewed me where they took them from; (the little one was hovering about at a little distance) and when he had acknowledged the little one had taken something, I called out , Stop thief! and he dropped the goods, and was taken.

Q. Did you see him drop the goods?

Paine. Yes I did, these are my goods.

Bryant Ivery . Pray ask him whether he saw me do any thing?

Paine I saw him make room for the little one to pass him, and that made me suspect him.

Ivery. Did not I ask for a pair of scarlet garters ?

Paine. One of my neighbours asked for garters, but they asked for nothing.

Eleanor Delafort . I happened to be in the street, and heard somebody cry out, Stop thief! and I stopped a boy with these goods.

Q. You cannot say that is the boy?

Delafort . No, my lord, I cannot.

Ivery. I went into the shop to buy a pair of scarlet stockings, and did not go into the shop to steal any thing.

Q. to Macklin. How old are you?

Macklin. I am ten years old.

Q. You are acquainted with the place you are in, are not you?

Macklin. No, Sir.

- I am afraid you are, and that you have been there several times.

Both guilty, 4 s. and 10 d .

[Transportation. See summary.]

75. + William Page , of St. John Hackney , was indicted for that he, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the 28th day of December , in the 21st year of his Majesty's reign, in and upon Elizabeth Upington , spinster , an infant of the age of twelve years and upwards , did make an assault, and her, the said Elizabeth, against her will, did carnally know, against the form of the statute in that case made and produced . And Elizabeth Crew (not yet taken) was indicted for aiding and assisting the said William Page to commit the said rape.

Elizabeth Upington sworn.

Q. What age are you?

Upington. I am above twelve.

Q. What did William Page at any time do to you?

Upington. My mother sent me with two shillings to get a gown which Mrs. Moody had to make, but the gown was not done, it being holiday time, and she told me I must wait.

Q. What time was this?

Upington. Last Monday was sevennight *. I went to one Mrs. Crew's, and Mrs. Crew locked the door.

* This does not agree with the indictment, for it must be Monday fortnight.

Q. What time of the day was this?

Upington. Between eleven and twelve.

Q. What happened then?

Upington. She took the two shillings from me, out of the corner of a handkerchief where it was tied up; then she went to a chandler's shop, and bought tea and sugar.

Q. Did she bring the tea and sugar to the house?

Upington. Yes; then she had two pots of beer and a pint of gin; after that she pushed me into a chamber with a boy, and went to put the boy to lie with me; he could not have his will of me that way, and he put his finger up my body.

Q. What boy was that?

Upington. One Dick that lives at Kingsland. After that William Page asked to lie with me; I was going away, and Mrs. Crew said stay, for the boy was in a hurry to go home.

Q. But did Page do any thing to you?

Upington. She threw me down, and held me down while William Page did. Sir.

Q. Was you upon any bed?

Upington. Yes, upon some straw.

Q. Did you consent or resist at the time?

Upington. Yes.

Q. Did you consent ?

Upington. Yes, Sir.

Q. Was it with your will or against your will that he lay with you?

Upington. Against my will.

Q. Did you cry out?

Upington. Yes,

Q. What did Crew do to you?

Upington. She clapped one of her knees against my arm, and put her hand upon my mouth.

Q. When did you first complain of this matter?

Upington. The very same week it was done.

Q. How long did you stay in Crew's house afterwards?

Upington. About half a quarter of an hour.

Q. Did you immediately go home after that?

Upington. There came a woman to Mrs. Crew's to ask about the coals that were given away, and so I got out, or else I had not got away at all.

Q. What time did you get home?

Upington. Sir, it was one o'clock in the day.

Q. When you came home, did you see your mother or any of the family ?

Upington. My mother was out.

Q. Who was in the house then?

Upington. No body but myself.

Q. What time did your mother come home?

Upington. About four o'clock.

Q. When your mother came home, did you say any thing to her?

Upington. I did not say any thing to her then.

Q. How came you not to acquaint your mother with it then?

Upington. Because I was afraid my mother would beat me.

Q. Did you make any complaint to your mother?

Upington. I did not make any complaint at all; but my mother asked me what was become of the two shillings, and that if I did not tell her, she said she would beat me, so then I told her the whole of it.

Q. When was this that you told her the whole of it?

Upington. On a Friday.

Q. Did your mother, upon that occasion, when you told her the whole of it, examine your body?

Upington. Yes.

Q. Who was there besides?

Upington. One Ann Allen , and Mary Scott .

Q. Did they examine your body at that time?

Upington. Yes, Sir.

Q. to the Pris. Have you any questions to ask her?

Pris. I never spoke a word to her in my life.

Mary Upington , the mother of the child, sworn.

Q. Do you remember that you sent your daughter on Monday was sevennight on any errand to Mrs. Moody's, the mantua-maker, for a gown, with two shillings?

Upington. Yes, Sir.

Q. Is your daughter above twelve years of age?

Upington. Yes, Sir.

Q. Is the house where Elizabeth Crew lives in the way to Mrs. Moody's?

Upington. They face one another.

Q. What time was it that you gave her the money?

Upington. I gave it her in the morning, for I go a milking.

Q. What time did you see your daughter afterwards?

Upington. I did not see her 'till four o'clock in the afternoon.

Q. When you did see her, did you enquire after the gown or money?

Upington. Yes, and she said the gown was not done, and that Mrs. Moody told her she must wait, as it was holiday week.

Q. Had you any further discourse at that time?

Upington. I observed that the child walked oddly, and I asked her what ailed her; she said she was chafed ; I asked her where; she said where she made water.

Q. How long was this ago?

Upington. About a fortnight.

Q. The girl said it was on Monday sevennight.

Upington. It was the Monday after Christmas-day .

Elizabeth Upington called again.

Q. Do you know when Christmas day was?

Upington. Yes, it was upon a Friday.

Q. Was it on a Monday that this was done to you?

Upington. Yes.

Q. Was it the Monday after Christmas day?

Upington. No.

Q. When was it?

Upington. Last Monday was sevennight.

Q. Was it the last Monday but one that this was done?

Upington. Yes.

Mary Upington , the mother, called again.

Q. What do you know further about the matter?

Upington. I inquired after the two shillings, and that brought all out, for then she owned she had been abused. When she had discovered this, I got two of my neighbours , Mary Scott and Ann Allen , to go with me to a midwife to examine her.

Q. Is the midwife here?

Upington. No.

Q. What condition did you find her in?

Upington. I found she had been entered about half the length of my finger, and I don't know but she may have the foul distemper. The boy did put his hand, as she says, up her coats, but she was too many for him; and that the Prisoner said, after the boy was gone, he would lie with her; and that Mrs. Crew held her down upon a wad of straw, for they have nothing but straw to lie upon.

Q. Did she say she was consenting to it, or that it was done against her will.

Upington. She said she cried out, and that Mrs. Crew stopped her mouth; she always said so from the beginning to the ending.

Q. Was it upon the Friday that you examined her body?

Upington. It was upon the last Friday past.

Q. You say, that on the Monday after Christmas-day you sent your daughter with the money, and the time you examined her body was last Friday, which is also a fortnight's difference ; did you see any thing upon your daughter's linen that gave you any suspicion of that kind?

Upington. No.

Mary Scott sworn.

Q. Was you sent for to this girl's mother upon any occasion?

Scott. Yes, and she was searched by a midwife before me and another neighbour.

Q. Did the girl give you any account of the matter?

Scott. She said the same as she has now.

Q. Did you examine her body?

Scott. Yes, and she was very sore.

Q. Did you, upon examining her body, think that she had been abused by any man?

Scott. Yes, Sir, we did, and that was the reason of our going to a midwife.

Ann Allen sworn .

Q. Was you sent for to this girl?

Allen . Yes.

Q. What account did she give to you?

Allen . Nothing, only that she was sore.

Q. Who did she say it was by?

Allen. She did not say who had made her so, she said the man at Mrs. Crew's had made her so.

Q. What did she say Mrs. Crew did?

Allen . She said that Mrs. Crew held her down, but I was not there to see it.

Q. Did she give the same account then as she does now?

Allen . Yes.

James Atkins . I am the officer that apprehended the Prisoner. I know nothing else of the Affair.

Prisoner . I never exchanged a word with her in my life , nor never saw her; she was not there all that day, and if I had seen her a thousand times I should not have known her.

Mr. Moffat, a surgeon, happened to be in court, and was desired to give his opinion in this case .

Q. to Moffat . You have heard the age of the girl, that she is above twelve years; she says no blood was drawn, and she was entered, as her mother says, about half the length of her finger, I desire your opinion.

Moffat. Suppose a man to be extremely small, it may be, but if a man is full made, it is impossible to do it without there being a considerable quantity of blood.

Acquitted .

76. + Sarah Dyall , of St. Mary Lestrand , was indicted for stealing one piece of foreign silver coin, called a French crown, value 3 s. the property of Edward Acton , clerk, privately from his person , Dec. 18 .

Edward Acton . On the 18th of December, about eleven o'clock at night, I was going along the Strand, and went into Eagle-Court to make water; the Prisoner came up to me and run her hand into my breeches; she said I should go home with her, and she would shew me all the postures I pleased; I said I was the wrong person for her, and desired her to be gone. She came up to me again, and run away directly: I thought I felt her hand in my pocket, I put my hand into my pocket to know whether I had lost any thing, and I missed this piece of silver in particular; she then got in between three men, but I took hold of her, and carried her into a publick house. I must needs say I run a great risque in so doing. There were some watchmen there, but they pretended not to be watchmen; and in the publick house she pulled down her stocking, and took the money out of her stocking and gave it to me. This is the piece

Q. Did you miss this piece before you pursued her?

Acton . Yes.

Q. And can you swear this piece was in your pocket when she came up to you?

Acton . Yes.

Q. And this you had from her?

Acton. Yes; I can swear to it out of twenty thousand.

Ralph Raynoe , Watchman. About a quarter after eleven there was watch called, and I found the Prisoner had been in a publick house with the Prosecutor and another watchman; the Prosecutor desired to have his French piece again, and told her she had taken more money out of his pocket, but if she would let him have that again, what other money she had she should be very welcome to; she then put her hand into her stocking which was upon her right leg, took out the crown piece, and gave it him.

Acton She picked more money out of my pocket, but as I could not tell what it was, I did not indict her for it.

Prisoner. I was going along with my oisters about ten o'clock, and that gentleman called to me, and asked me how I sold them; I said some four and some five a penny; he asked me whether I would eat one, and I did; he shewed me the broad piece, and we went into a publick house in Eagle-Court; he pulled out the money, and laid it upon the table, and two or three watchmen coming in, he charged me with robbing him.

William Guyther . I am a barber and peruke-maker. I went out of my house on the 10th of December, at four o'clock in the afternoon, and returned about seven in the evening; one of my servants, ( James Bell ) met me at the door, and told me, he thought I had been robbed: and that William Simpson had been there, under pretence of looking for a brush, which he had left there. The Prisoner had been my servant : Bell desired me to go up stairs, and told me, the bureau was open; I went up stairs, and saw that my bureau was broke open. I missed nine moidores, and three half guineas, which I saw there that afternoon: I went down into the shop with my servant, and the Prisoner was in my shop all the time.

Q. Did Bell tell you in the hearing of Simpson, that he believed you had been robbed?

Guyther . No, Sir. I went up stairs with him, and shut the dining-room door, and told him, he had robbed me of so much money.

Q. Did you search him?

Guyther. No. I told him, he must have the money: he asked forgiveness, and returned me nine moidores, and three half guineas, which he pulled out of his side-breeches pocket; I asked him, if he had any money when he came into my house, and he said, he had none.

Q. Were there any marks upon the moidores?

Guyther. I don't know of any marks upon the moidores, the rings I can positively swear to.

Q. You lost eight rings; have you got them again?

Guyther. Yes.

Q. Where did you find them?

Guyther. He put his hand behind him, and then I saw the box of rings in his hand; there were eight gold rings.

James Bell . I served my time with Mr. Guyther, and lived with him as a journeyman then; on Thursday the 10th of December, between six and seven in the evening, the Prisoner came into Mr. Guyther's shop.

Q. Had the Prisoner formerly lived there?

Bell. Yes. After some conversation he said, he would go down into the kitchen to the maid, and I thought he was gone down; I went down into the kitchen, but he was not there; not seeing him there , I was surprized : I heard a noise in the dining room, and I sent a fellow-servant up with a candle to see if there was any body there. Then I went up myself , and as I was going up stairs, I heard somebody there: I called out several times, who is there ? And at last the Prisoner said, it is I. I asked him, what he did there; he said, he came for a brush that he had left there; I said, I would go up for it; I went up and found the flap of the bureau quite down, and the things in a confused manner .

Q. Did he say he had found the brush?

Bell. No, he did not say he had found it; afterwards I came down stairs, and went to a place where I thought Mr. Guyther was, but he was not there; a little after I met him at the door and told him, I had a suspicion that Simpson had robbed him, and desired him to go up stairs and satisfy himself. He went up and I with him, and he said, he was robbed.

Q. Was the bureau open then?

Bell. The flap was put up again then.

Q. Who did that?

Bell . The Prisoner went up stairs again , for I saw him come down after I came back from looking for my master; then Mr. Guyther went up stairs with the Prisoner, and told him, he had robbed him, and he pulled out a handful of gold, and gave it to Mr. Guyther; Mr. Guyther asked him if he had any money, when he came into his house, and he said, he had not a farthing; then he put his hand behind him, and slid the box, and Mr. Guyther took the box from him and opened it.

Q. Is that the box?

Bell. Yes.

Q. What was in the box?

Bell. Rings.

Q. Were they gold rings?

Bell . I can't tell whether they were gold rings or not, but I know they were rings.

Prisoner. I had been with a fellow-servant on board a ship, and was very much in liquor.

Mr. Guyther and James Bell , being asked whether he was in liquor, they said, he was.

Charles West , (for the Prisoner.) I am a cutler in Eastsmithfield, I have known the Prisoner about two years; the young man used to come very much to my house, I never saw any thing amiss in him in my life, I believe that night he was fuddled, I never saw him fuddled before, and I never heard him swear in my life.

Q. What does he do?

West. He goes to work, when he can get any; he is a journeyman barber.

Elizabeth Simpson . The Prisoner's mother-in-law has known him four years, and she always counted him a very honest lad, and said that his poor father will break his heart about it, who is as honest a man as ever lived.

Benjamin Daniel . I am a barber and peruke-maker in Mincing-lane , I have known the Prisoner about six weeks , he lived with me about a fortnight, and I never knew any ill of him.

Q. That is but a little time.

Daniel . It was not upon any dislike that I parted with him, but I had no farther occasion for him.

John Bartlett . I have known the Prisoner between six and seven years: I never knew any ill of him in my life, and nothing to the contrary, but that he was a sober, inoffensive lad.

Joseph Griffin . The Prisoner was with me about four months; I had a good character of him from Mr. Guyther, and he behaved exceeding well with me, and was as sober, honest a fellow, as ever I had in my life; and upon that account I recommended him to Mr. Daniel.

The Prosecutor recommended the Prisoner, and desired the Court would be merciful to him: that he was obliged to give the evidence he did, and could not in conscience help it.

Guilty 39 s.

[Transportation. See summary.]

78. + Isaac Fletcher , of St. Leonard Shoreditch , was indicted for assaulting Hannah Maund , spinster , in a certain alley, called Bowl-alley , in or near the King's highway; putting her in fear, and taking from her four pence . Dec. the 13th .

Eliz. Couch. On the 13th of Dec. last, about two o'clock in the morning, as I was going home by the end of Hog lane, my sister, Hannah Maund , was along with me; the Prisoner came up to me, and asked me where I was going, I said, home, and he followed us into Bowl-court alley, and the Prisoner blew the candle out; then the Prisoner spoke to my sister, and asked her, what money she had; my sister desired he would not surprize her, and she would give him what money she had; and he took four pence from her. Then he came up to me, and took from me a shilling, a thimble, a necklace, and a bunch of keys; and said, if I made any noise, he would rip me up, for he had two razors, a penknife, and a cutlass. I desired him not to frighten me, for I had but a little while to go; there were two watchmen coming by, who did not cry the hour, and when they came up, I desired they would lay hold of that fellow, for he had robbed us: and the watchmen laid hold of him, and carried him to the watch-house, and searched him for what he had taken from us.

Prisoner. Did not the watchmen and you discourse some small time together in the alley, before I was secured?

Couch. I never went from the Prisoner.

Q. You said, he had some razors and other things; were any found upon him?

Couch. No.

Prisoner. Ask her whether the watchmen did not search me in the alley?

Couch No, they did not.

Q. Did not you deliver the Prisoner into the hands of the watchmen in the alley?

Couch . Yes.

Hannah Maund . As my sister and I were coming by the corner of Hog-lane, the Prisoner stood as if he was making water, and said some words which I did not understand. I had a candle in my hand, and carried it into Bowl-court ; he took the candle out of my hand and blew it out: then he took hold of me, and asked me, what money I had; I said, a groat, which he took from me.

Q. What did he do to your sister?

Maund. He took from her a shilling, a thimble, a necklace, and a bunch of keys; I begged him not to frighten my sister: he D - d me for a B - h, and said, he would stab me; for he had got two razors, a penknife, and a cutlass; then he went to my sister , and while she was talking with him, the watchmen came by, but I did not hear them beat the hour; I laid my right hand upon his collar, and my left hand upon his arm, and called the watchmen, and they took him to the watchhouse; he took a handkerchief out of his pocket, and tied it pretty tight about his neck, and said, he wished he had a halter about his neck tighter than that.

Prisoner. Ask that witness, who calls herself a married woman, whether she did not blow the candle out herself?

Couch. He blew the candle out himself.

Q. When he blew the candle out, was there any body near?

Couch. No.

Q. Did you see the keys in his hand?

Couch. Yes, I did see them in his hand, and he told Davis the watchman, if he would go to such a place, he would find a handkerchief, and in that handkerchief were the keys.

William Davis . I was going my rounds on the 13th of Dec. between two and three o'clock, and the women were crying out, give me my money; watch, watch, the man has robbed me; they said, he had robbed one of a shilling, and the other of a groat; I desired them to consider of it before they charged the man, and they said, do you think we are drunk or mad? and the Prisoner said, don't mind them, watchman , for they are a couple of B - s, and I have lain with them both: they charged him with having a hanger, I searched him, and found nothing but a handkerchief, and some papers; the Prisoner bid me go to such a gutter, and bring a handkerchief , which I should find there, and give it to him, and say nothing to any body.

Q. Where was the gutter?

Davis. Near the watch-house .

Q. What was in the handkerchief ?

Davis. Only four keys .

William Rooke produced a handkerchief , which he said was sealed up before Justice Poulson : which Davis proved was the handkerchief he took up with the keys in it. Mr. Rooke likewise produced a necklace and a thimble: he said the Prisoner had two shillings, and about eight or nine penyworth of halfpence in his pocket: but he did not see them.

Q. What was you?

Rooke. I was headborough that night the watchmen took the Prisoner, and the women gave me charge of him.

Q. Did the women say thing about the necklace and thimble; that he had given them again?

Rooke. Yes; and I think it was to Davis , that they said so.

Q. Did you hear them say so?

Rooke. Yes.

Eliz. Couch called again.

Q. You charge the Prisoner with taking the necklace and thimble, how came you by them again?

Couch. He said, take them again: for they will be of no service to me.

Prisoner. I work with my father (who lives by Shoreditch church) as a shoemaker, and he had paid me my wages; it was on a saturday night, and I went to the Hob in the well to meet some acquaintance: my father desired I would not make it late. One of my acquaintance came to me, and we had a dish of stakes, and I staid later than ordinary; I believe, till one o'clock. I was going by the end of Hog-lane, on my way home: I was not drunk, for I was as sober as I am now; says one of these women, hark you, my dear, I want to speak to you; one of them asked me, whether I would go home with her; I asked her where she lived, she said, in Bowl-court; I went with her a little way, and when I came to the end of the court, I said, it was too late to go up, and I went away, and she made an agreement with me for a groat; I take it to be the person who calls herself a single woman, but I agreed to give them a groat a piece, and had to do with them both; it was about two o'clock, and the watch was coming up: and one of the women said, I charge you with this man: I had the handkerchief in my hand, which your Lordship saw just now, and after I had had carnal knowledge of them, I felt in my pocket for my handkerchief , and could not find it: and the watchmen coming up, she put the handkerchief into my hand, and then they charged the watchmen with me; I had given the watchmen charge of them, but they would not take charge of the women, but took hold of me; and John Davis spoke to one of them , and took her up the court, and they were discoursing for three or four minutes: and then they said, take him away, he has robbed me. And as they took me away, the handkerchief dropped out of my hand. I said, watchman I have lost a handkerchief upon the road: it is not worth a great deal, but I hope you will go and see for it: which he did; but he would not give it me, for he said, one of the witnesses would swear to the keys.

Thomas Richards . I have known the Prisoner upwards of two years, he is a shoemaker, and bears a very good character.

Samuel Stiff . I have known the Prisoner above seven years, and know his father too: he is as honest a man as ever was born in the world. I would trust him with all I have in the world, and I never heard any thing amiss of the Prisoner in my life.

Samuel Ogden . I have known the Prisoner about three years, I have lived in the house with him, and he was as sober a young man, as ever I desire to live with: and his general character is such.

Prisoner. The Prosecutors offered me four shillings to make this up.

Bernard Gill . I have known Fletcher about twelve months, and I never heard, but that he behaved well in the parish where I lived.

Joseph Gill . I have known the Prisoner about four or five months, and never heard any ill of him.

William Davis called again,

Q. Did the Prosecutors offer to make it up for four shillings?

Davis. I never heard any thing said of four shillings.

Q. to Mary Hopkins . What characters do Couch and Maund bear?

Hopkins. A very bad one, and are not to be credited.

Thomas Mead . They are both persons of a very bad character, and not to be minded.

Joanna Thornton . I have known Couch and Maund several years, they bear a very bad character, and are not to be credited at all; and they keep late hours , and come in at three or four in the morning.

Thomas Kinchen . I have known Couch and Maund some years, and lived in the house with them three months.

Q. What is their general character among their neighbours?

Kinchen. Their characters are, that they keep late hours, and are drunkards .

Q. Are they persons to be credited?

Kinchen . No, Sir.

Margaret Racket . I have known the Prosecutors several years, their characters among their neighbours is but very indifferent.

Acquitted .

+ Isaac Fletcher was a second time indicted for assaulting Elizabeth, the wife of James Couch , in a certain alley, in or near the King's highway, called Bowl-Alley , putting her in fear, and taking from her one shilling in money, a thimble, a necklace, and a bunch of keys , December 13 .

Elizabeth Couch . On the 13th of December I was coming along Shoreditch with my sister, and at the end of Hog-Lane I met with the Prisoner; we went together to Bowl-Alley, and about the middle of the alley the Prisoner blew our candle out, and took from me a shilling, a thimble, a necklace, and a bunch of keys.

Q. Have you any further circumstances to give an account of, than you did on the other trial?

Couch. No.

Hannah Maund . I have no further evidence to give, than what I gave upon the former trial.

Elizabeth Couch . desired some witnesses might be called in behalf of her character.

Elizabeth Wangow . Hannah Maund came to nurse me of a fever, and was with me that night; her sister came to fetch her home, and they staid at our house till past two. I know nothing of their characters; I never heard any thing amiss of them?

William Allen . I never heard any thing amiss of them; one goes out a charing, and the other winds silk.

Q. Do you live near them?

Allen. I live within twenty or thirty yards of them, where they have lived twenty-five or twenty six years.

Acquitted .

79. James Price was indicted for stealing one shilling in money , the property of Sarah Foster and Charles Wilkins , Jan. 14 .

Charles Wilkins . I am partner with Mrs. Foster, and the Prisoner was my servant ; I suspected him, and marked six shillings; yesterday I put them into the till, and about a quarter of an hour after he took one of these marked shillings out of the till; he put in a shilling that he took of a customer, and took one of these marked shillings out.

Q. How did you mark them?

Wilkins. C. W. 1747. upon five of the shillings, and the other I marked with a cross; the shilling that he took he produced, and laid it down upon the desk; it was marked C. W. 1747.

Q. Do you know what was in the drawer besides ?

Wilkins. Nothing but a six-pence, and the six marked shillings, besides the shilling he took of a customer.

Septimus Harling . I am an apprentice to Mrs. Foster and Mr. Wilkins, at the Olive-Tree in Tower-Street; I was in the compting-house when my master marked six shillings.

Q. What mark did he put upon them?

Harling. He marked five with C. W. 1747. and another with another mark.

Q. What was the reason of his marking these?

Harling. Because he had missed some money, and suspected the Prisoner; a person came into the shop and bespoke some things, the woman gave him a shilling, and I saw him put that into the till and take another out.

Q. Did your master challenge the Prisoner, or say any thing to him that he had taken a shilling out of the till?

Harling. Yes, he called him into the compting-house, and asked him what money he had about him; he said he had five shillings and six pence; my master said he had some of his, and desired to look at his money; he then pulled out five shillings and six pence, and laid it down upon the desk.

Q. And did you see them?

Harling. Yes; and a shilling, marked C. W. 1747. was among them. He was carried before my Lord Mayor, and he owned it then.

Guilty .

[Transportation. See summary.]

80. William Haddock , of St. Dunstan's in the West , London, was indicted for stealing one linen handkerchief, value 10 d. the property of John Jones , Jan. 12 .

John Jones . On Tuesday night last I was coming along pretty near Black-Fryer's gate , and observing a twitch of my coat, which was unbuttoned, that drew the skirt of my coat back, I put my hand into my pocket, and missed my handkerchief ; I turned about, and saw two persons behind me, the Prisoner at the bar was one, and I saw my handkerchief in his hand; I taxed him with it, and told him it was my handkerchief, but he said he found it; I laid hold of him, but the other, who I apprehend was his companion, went away, and I saw no more of him; I took hold of the Prisoner, and carried , or at least dragged him to Grocers-Hall, from whence I had an order to take him to the Compter, for I had no constable all this while, neither could I get one, so I took him to the Compter myself: He was examined by one of the persons belonging to my Lord's office, and he said he was a shoemaker, and lived at Cow-Cross. Yesterday he was committed, and then he did not say he was a shoemaker, but carried coals, and did what he could for a livelihood.

Q. You say there was a twitch at your pocket, Do you think you lost your handkerchief at that time?

Jones. Yes.

Prisoner. I was going along, and picked this handkerchief off the ground; the gentleman took it in his hand and owned it; he desired me to give it him, and I gave it him directly.

A Juryman. Was it dirty?

Jones. No, Sir.

Jury. How long had you made use of it before?

Jones. But a very little time.

Q. Was it in a dirty place?

Jones. It was upon the paved stones.

Q. Was it dirty weather?

Jones. The stones were slappy.

Guilty .

[Transportation. See summary.]

81. Elizabeth Adams , of St. Margaret's, Westminster , was indicted for stealing seven ounces and an half of worsted, value 2 s. 6 d. the property of Richard Hudson , and

82. David Lloyd , for receiving the same, knowing it to be stolen , November 20 .

Richard Hudson . I am a frame-work knitter; on the twentieth of November last I lost twelve ounces and an half of frame-work knitting worsted, the same sort of this.

Q. How came you to suspect the Prisoner (Adams)?

Hudson. She had worked for me about half a year, and I missed goods; I went to people that kept frames, and desired them to stop them, if any were brought to them. I will take my oath that is my worsted; it was found at one Wagg's; there are seven ounces and a half of it, and Elizabeth Adams , the Prisoner. owned she took it out of my shop, and Lloyd owned he bought it of Adams.

Q. What is Lloyd?

Hudson . He keeps a stocking shop, and sells buttons and other things.

Q. What is the value of it?

Hudson . I have laid it at a groat an ounce, and the Prisoner said he did not know whether he gave three halfpence or seven farthings for it, and I give five pence for the same; and afterwards he owned he gave but three halfpence .

Q. How came you by this worsted?

Hudson. One William Meads brought it to me.

Q. What is it worth?

Hudson. It is worth a groat an ounce.

Q. If you could get a quantity of it, would you buy it at three pence an ounce?

Hudson. No.

Q. Would you buy it at two pence an ounce. if any was offered to you?

Hudson . No, I would not , for I should think they did not come honestly by it.

Prisoner Lloyd. It is very difficult to swear to a thing, that it is the same.

Q. (to Mr. Hudson) Consider this is a matter that may affect the Prisoner at the bar, can you swear that the worsted you have produced is the worsted you lost?

Hudson. I am sure of it, for I tied it round with some yarn, and in such a manner, that no body of the trade can do so as myself.

William Meads . Lloyd, the Prisoner , gave it to me to make into stockings, and the moment I had it I gave it to Mr. Wagg .

Q. Did you give it to Wagg directly?

Meads. I believe it was not a quarter of an hour.

Q. How long after you has given it to Wagg was there any inquiry about it?

Meads. About a fortnight.

Q. Do you know Mr. Lloyd?

Meads. Yes; I have known him these twelve years.

Q. Do you think he would buy goods, knowing them to be stolen?

Meads. No, I do not believe he would.

Q. Does he understand these goods?

Meads. He was not brought up to the trade.

Q. I want to know the difference between the weaving yarn and the knitting yarn, and which is dearest and which is cheapest .

Meads. One is hard and the other soft, the hard is the dearest and the soft is the cheapest; I believe the knitting yarn is not so good as the weaving yarn.

Q. What do you take that worsted to be worth?

Meads. Three pence half penny, or a groat an ounce.

Q. Suppose any body was to bring a parcel of this to you, what would you give for it?

Meads . I would give what I pleased.

Q. Would you?

Meads. Yes; and if they would not take it, they might do as they pleased.

Q. Suppose any body was to offer you that at three halfpence an ounce, what should you think of them?

Meads. I should think they did not come honestly by it, because I know it must cost more.

Ann Adams . I carried some white and blue worsted to Mr. Lloyd, and he gave me a groat for it.

Q. This is grey worsted, so that it cannot be the same. What did Lloyd say to you?

Ann Adams . He bought it of me.

Q. How much was there that he gave you the groat for?

Ann Adams . There were five ounces of it.

Q. What did you say to him?

Ann Adams . I told him my mother was starving, and that she wanted a little money.

Lloyd's Coun . So you told him you wanted some money to keep the family from starving , and he let you have some for that purpose?

Court. This is a great aggravation of the offence , and is squeezing the poor prodigiously.

Prisoner Adams. I found the worsted in a brown paper in Tothill Street, and as to what worsted I spun myself, it was out of odds and ends; Mr. Hudson has kept the girl on, and said he would take her apprentice, if she would be evidence against me.

Pris. Lloyd. I would be judged by one Mr. King as to the price of the worsted.

Q. Do you insist upon it, that you bought it at a fair market price?

Lloyd . I gave seven farthings an ounce for it.

John King . I have worked for Mr. Hudson at times; this worsted was missing , but how much there was of it I cannot tell; and I question whether or no he has not given very near as much as it is worth.

Q. Do you understand the worth of worsted?

King. I have been thirty years a stocking-maker , and I am upon my oath .

Q. What is the worth of it?

King. I do not think it is worth a groat an ounce.

Q. What would you have given for that in the paper ?

King. I am near sighted , and I beg leave to look at it; it is worth five pence an ounce to work in a fine frame, but it is not fit to work in a fine frame.

Q. What is it worth?

King. I do not think it worth three pence , but I would not give three pence halfpenny for it .

Q. Is it worth seven farthings ?

King. This is a chance thing, and I would not have given so much as he has done; but I believe he does not understand the value of it.

Pris. Lloyd's Coun. Do you think he would receive stolen goods, knowing them to be so?

King. Upon my oath I do not believe he would.

Q. You say you would not have given seven farthings an ounce for it?

King. I would not.

Q. Then what made you say it was worth three pence ?

King. It would not be worth so much to me, it would take me up more time to fit it for the work than I could afford.

Thomas Bascomb . I live in St. Martin's Legrand , and keep a stocking warehouse; I have known Lloyd above two years, and he has dealt with me.

Q. Do you think he would buy goods, knowing them to be stolen?

Bascomb. I believe there is no man of any character that would, and I do not think he would.

Q. Do you think he is a judge of worsted?

Bascomb . I believe he is not; he only deals in two penny halfpenny, and low sorts of worsted.

Q. Is he a man of a fair and honest character?

Bascomb. He is a man of as fair and honest a character as any I know.

Q. What would you give an ounce for it?

Bascomb. I would not give four pence an ounce for it.

Q. Would you give seven farthings?

Bascomb. Yes, Sir, to be sure, it is worth more than that; but this is tumbled , and I would not give above three pence for this worsted, for it is not worth more.

Robert Hales . I have known Lloyd several years, and he bears a very good character; I have not an honester juster dealer belonging to me than he is.

Q. What trade are you?

Hales. I am a hosier.

Q . Look at that worsted. What do you take it to be worth?

Hale. As it is tumbled in this manner (though it may be better than it appears to be) I have as good for three pence an ounce, and I think I have as good for something less.

Q. Do you think he is a good judge of these goods himself?

Hales. Unless he deals in it very much, I do not think he is; but I am informed he does not deal much in this article, and that he is not a judge of the goodness of it.

Stephen Todd . I have known Lloyd five or six years ; he has a very good character, and I believe is as honest a man as ever was, and that he would not be guilty of any such thing.

John Ashmore . I have known Lloyd these sixteen years, and do, with all my heart, believe him to be a very honest man.

Thomas Collyer . I have known Lloyd these three years.

Q. What character has he born during the time you have known him?

Collyer . A very good one; I never heard any thing to the contrary.

Q. Nor you do not believe that he would be guilty of any roguery ?

Collyer. I do not believe he would.

Thomas White . I have known him several years; I live with him, and never heard or knew any thing amiss of him, for he always had the character of a candid honest man: his business does not lie among chance customers, but amongst those that know him.

Q. Do you think he would be guilty of any thing of this kind?

White. I believe he would not be guilty of it, and that he would not receive stolen goods, if he could have them for nothing.

Jonathan Long . On the 24th of December I lost a pair of leather shoes, a hammer and two knives out of my stall in Piccadilly , for in the morning I found my stall broke open, and the things gone.

John Skate , Watchman. About two o'clock in the morning the Prisoners asked me what it was o'clock; I said past two, and that it was time for all honest people to be in bed: I heard a noise afterwards, and some time after that I found the stall had been broke open; about three o'clock I saw the Prisoners at the bar come back again, and having a suspicion of them I took them, and found the things.

Q. When do you think it was broke open?

Skate . About half an hour after two.

Q. Who did you find the things upon?

Skate. Upon Elizabeth Maybank .

Pris. Maybank. I was going to market, and met the other Prisoner with some things under her arm, and I bought a pair of shoes of her I have no witness to prove it.

Robert Lowry . I have known Sarah Jones almost these six years; she sells fruit about the streets in summer, her mother keeps a green-stall , and I believe the Prisoner got her bread in a very honest way; I live within a stone's throw of her.

Joseph Shank . I have known Sarah Jones about seven years, I live just by her, and never heard any thing but that she was very honest, and got her living by selling fruit and other things.

James Questen . I have known Sarah Jones about a year and an half, and she always behaved very well; I know she has had money lent her to buy goods, and when she could not buy the goods she carried the money back again, and if she was discharged, I would trust her as readily as I did before.

Margaret Bennet . I lost a cap and a handkerchief; the Prisoner came to my Mrs. to beg the favour of her to go with a message to a gentlewoman who owed her some money, and my Mrs. gave her a breakfast; this handkerchief was in an elbow chair in the kitchen, and I saw her take the handkerchief into her right hand, and put it under her cloak, but I took no notice of it till my Mrs. came home; when she came home, I said to her, Did not you see a handkerchief in the great chair? Yes, said she; then said I, Nanny has taken it. The next day she came again, and my Mrs. spoke to her about it, but she denied it; said I, Nanny, do not deny it, for I saw you take it; she said she knew nothing of it. She came the next day again; there is a bureau in the parlour, and all the drawers except one were locked up, and there I had put my cap; the cap lay uppermost, and was taken out of the drawer; the next morning the cap was missed, and the Prisoner came the next day as usual ; said I, Nanny, you have got my cap, and she said she had not; we talked of searching her pocket, and she pulled out a dirty cap, which was none of mine; I told her, if it was pawned or sold, I would go and fetch it, as likewise the handkerchief ; she said she never saw any thing of the cap and handkerchief , and wondered I should think so of her .

Q. Did you find the cap upon her?

Bennett . No; I only saw her take the handkerchief.

Hannah Loveday . The Prisoner came to me to do a message for her in Spring Garden, and I left her and my maid in the parlour; before I went out I went into the kitchen, and saw the handkerchief, it was a silk handkerchief, and when I came home, Peggy said the Prisoner had taken the handkerchief, and was gone away with it; said I, it is a strange thing you should see a person take your handkerchief, and not stop her with it.

Q. Do you know any thing of the cap?

Loveday. Margaret Bennett saw the cap in the drawer, it lay uppermost, and the next day the cap was missing.

Acquitted .

86. + John Smallwood , of St. Paul's, Covent-Garden , was indicted for assaulting Lawrence Potts on the King's highway, putting him in fear, and taking from him a hat, value 5 s. a Peruke, value 5 s. and an oak stick, value 1 d. the property of the said Lawrence Potts , December 5 .

Laurence Potts . On the 5th of December, at night, I had been at the two blue posts in Russel-Street, Covent-Garden, and coming down Bridges Street , between ten and eleven o'clock, the Prisoner and two more were standing at a door; the Prisoner stepped up to me, laid hold of my arm, and stopped me in the street; I asked him whether he wanted to rob me; he said, D - n you, I believe you want to rob me, for I have got a watch in my pocket; I gave myself a jerk and got from him, and turning about I saw a man; upon that I called out, Watch! but the man replied, I am no watchman, I am a chairman; then the Prisoner cried out, two Paddies, by G - d, (that is two Irishmen) met together; he took hold of me again after the chairman came up; said he, I will fight you; no, says I, I am no fighting man; said he, I will fight you for a tankard of beer; I replied, I would not fight at all; then he gave me a slap on the face, and I struck him again with a stick; upon that he collared me, and beat me very much on my body, the effects of which blows I now feel; then a little fellow, one of his accomplices, came and tripped up my heels, and my hat and wig fell off; the Prisoner fell upon me, and kept me down a great while.

Q. What became of your hat and wig?

Potts. They were gone, and I never heard of them since.

Q. You was stunned I suppose?

Potts. I was very much bruised; then Smallwood was taken and carried into the watch-house.

Pris. Coun. What became of the man who said he was a chairman?

Potts. I have inquired, and have not been able to find him.

Pris. Coun. Where do you live, Sir?

Potts. I live in St. Martin's Legrand , I am a jeweller.

Q. What account did you give before the magistrate?

Potts. The same as I do now.

Q. Did you charge him with a robbery or not?

Potts. The Justice asked me if I would swear a point blank robbery against him, or only an assault, with an intent of a robbery? Said I, I do not suppose a man should assault me with an intent to rob, when he stole my hat and wig.

Q. What did you charge him with?

P. I said he stopped me in the street, and I lost my hat and wig.

Q. Give me an answer, whether you did, before the Magistrate , charge him with a robbery, or whether he was committed for a robbery?

Potts. He was committed for a robbery.

Q. What did you charge him for?

Potts. For being stopped in the street, and robbed by his companions of my hat and wig.

Pris. Coun. Did you relate the thing to the Justice as you say now?

Potts. Yes, I did.

Pris. Coun. Did the Magistrate say he had committed him for a robbery?

Potts. Yes.

Pris. Coun. I have the Magistrate's warrant for a common assault.

Q. I ask you what you said, when you went to the watch-house?

Potts. I told you that this man assaulted me in the street, and I lost my hat and wig.

Pris. Coun. What did you say to Smallwood before he struck you?

Potts. Nothing at all.

Q. Did he attempt to knock you down?

Potts. No, he took hold of me by my arm.

Q. Who struck first?

Potts. He did.

Q. Did he ask you for any money, or order you to deliver any thing?

Potts. No.

- Burton . I am a watchman in Bridges-Street ; on the 5th of December, at night, as I was upon my watch , Mr. Smallwood, and two more, stood over against me, and by and by Mr. Potts came singly by himself.

Q. What time was this?

Burton . About eleven o'clock: and I heard Mr. Potts say, what do you assault me for? Can't a man go along quietly? and Smallwood said to him, I will fight you for a full pot; and Mr. Potts said, I am no fighting man, I will not fight you. Mr. Potts stepped six or seven steps forward, and a little fellow came and tripped him up; and Mr. Potts was almost smothered in the dirt, and I took Smallwood off him, and took him to the watch-house.

Q. Were they both kept in the watch-house all night ?

Burton. Yes.

Prosecutor's Coun. What passed at the watch-house ?

Burton. Mr. Potts said, the Prisoner wanted to fight him, and he would not fight with him.

Prisoner's Coun. Did he say he wanted to rob him?

Burton. He said, he believed he wanted to rob him.

Q. Did Smallwood charge him?

Burton. Yes.

Q. What did Smallwood charge him with?

Burton. I can't tell, but he was charged.

Q. What words did Potts make use of?

Burton. That he had lost his hat, wig, and stick.

Prisoner's Coun. What passed before the Justice?

Burton. The Justice examined Potts, and he said, he was stopped in such a place, and lost his hat, wig, and stick.

Robert Powell . I am a glover, and live in Vinegar-yard , in that neighbourhood; I was going home, and saw four men together: Mr. Potts, the Prisoner, and two others. I heard some blows, I looked and saw this gentleman and Smallwood engaged, and a little fellow came and tripped Mr. Potts up upon his back, and Smallwood lay upon him, and Smallwood gave the first charge: and the little man who tripped Mr. Potts up, gathered up his hat and wig, and went away with them.

Prosecutor's Coun. Was there any thing offered you to prevent you from coming to give evidence to day?

Powell. Yes, there was.

Q. Who offered it to you?

Powell. It was a woman.

Q. Do you know who the woman was?

Powell . I don't know who she was.

Q. Was it offered you by the Prisoner?

Powell . No.

Potts. The Prisoner's brother told me the night afterwards, where my stick was to be had.

Prisoner's Coun. Was you drunk or sober?

Potts . I was quite perfectly sober.

Q. You was just come from an ale-house, was not you?

Potts. Yes.

Q. You was a little reeling I suppose?

Burton, the watchman. He was as sober as he is now.

Prisoner . I had been drinking at a publick-house, and was going home to bed; I was very much fuddled, and run against this man, and fell down: and after I was down, he gave me several blows. I got up, and took him by the collar; I knocked him down, and I lost my hat and wig.

Burton. The Prisoner had no wig when he came into the watch-house.

Tamar Stock . I have known Smallwood between three and four years, he has used my house two years and an half; he came into my house between ten and eleven o'clock, it was the 5th of Dec. said I, where have you been, you are drunk, or that he was very much fuddled? said he, as fuddled as I am, I will have a pint of beer; he had a pint of beer drawn, and sat by it till after twelve o'clock, and unbuttoned the knees of his breeches, and took off his garters, and said, he would go home.

Q. Did any body go with him?

Stock. No, not came in with him.

Pris. Coun. What is his general character?

Stock. That he is a very honest fellow.

Q. Do you think he would be guilty of robbing this man upon the highway.

Stock. No, nor any body else.

Q. Where is your publick-house?

Stock. The Crooked Billet in Bridges-Street, Covent Garden .

Q. The squabble was said, I think, to be near Vinegar-Yard, how far is that from your house?

Stock. About two stones throw.

Ambrose Ward . I saw Smallwood at the Crooked Billet in Bridges-Street on the fifth of December, between ten and eleven o'clock.

Q. What time did he go away?

Ward. About ten minutes after twelve.

Q. Did he come in with any company, or go out with any company?

Ward. No; when he came in he staggered, and hit his head against the wall.

Richard Stroud . I am a porter to carriers at the Cross Keys Inn in Wood-Street , and was intrusted with these goods.

Q. And are you answerable for them?

Stroud . Yes.

Q. Did you at any time lose any hose?

Stroud. Yes. I am porter to the Kidderminster Waggon , and on the 19th of December last I lost a truss of hose out of the inn-yard.

Q. Do you know what quantity there was in that truss ?

Stroud. I believe there were twenty dozen, but I am sure there were ten dozen.

Q. What reason have you to think the Prisoner was concerned in taking them?

Stroud. I had sent my brother of an errand into the Old-Jewry, and when he came back from thence , he said there was a man gone out with a parcel of stockings, and asked me whether I had delivered any to him. I said I had not; I followed the Prisoner, and saw him with a bag, and about one hundred yards from the Inn gate in Wood-Street , he turned up into Gold-Street; I saw him with the bag of stockings upon his back or shoulders, and I saw him drop the stockings.

Q. Did you take him?

Stroud . Yes, I pursued him and took him; he run out of Gold-Street into Gutter-Lane, and came into Cheapside ; I took him among the coachmen in Cheapside, and I never lost sight of him till I took him.

Q. What time was this?

Stroud. It was about six or seven at night .

Q. What clothes had the man on that you saw with the bag of stockings?

Stroud. I think he had not all the same clothes on then as he has now, but the man had a white dussled coat, such as the Prisoner has on.

Q. Who took him?

Stroud. My brother and I did.

Q. Did you or your brother take the stockings up?

Stroud. I ordered my brother to take them up.

Q. Did you stay to see him take them up?

Stroud . No.

Q. When you took the Prisoner, did any discourse pass between you and him?

Stroud. He said he was not the person.

Q. Did you ask him how he came to run away?

Stroud . He did run away, and I cried out stop thief , and the Prisoner he cried out stop thief too.

Q. You are sure of what you say?

Stroud. I know something of Christian knowledge, and I would not swear falsely.

Q. Did you see any body go before the Prisoner?

Stroud. No, there was no body but my brother, myself, and the Prisoner.

Q. Did he take them out of the warehouse?

Stroud. They were never put into the warehouse, they lay in the inn-yard.

Q. Where were these stockings to be delivered?

Stroud. They were, as far as I can find out, to go to the Swan at Holbourn-Bridge, to go to an other carrier.

Q. Is your brother your servant?

Stroud . Yes.

Q. Did you-take all the stockings out of the waggon?

Stroud. My brother and I did; we took out six trusses of stockings.

Henry Stroud . I am brother of Richard Stroud on the 19th of December, I went with a pot of butter to Mr. Robinson's in the Old-Jury, and then I went to the Cross Keys in Wood-Street; it was between six and seven, and I saw the Prisoner turning out of the inn with a bag of stockings upon his back or shoulder.

Q. Did you know the Prisoner before?

Stroud. I did not know him till my brother had taken him, and he had on a double-breasted lapel waistcoat.

Q. You say you came into the inn between six and seven?

Stroud. Yes, and I saw the Prisoner with a bag of stockings at his back, just turning out of the inn-gate.

Q. Look at the Prisoner at the bar, are you sure that is the man?

Stroud. I am sure he is the man.

Q. How did you know him?

Stroud. By the lamp.

Q. Is there a lamp at the inn-gate?

Stroud. There is a light within the inn-gate.

Q. Did you see his face?

Stroud. No, but I am positive he is the man, for he was never out of my sight , till he dropped the stockings .

Q. Did you acquaint your brother with it?

Stroud. I said to my brother, Richard, have you delivered out a bag of stockings ? No, said he: said I, there is a bag gone; I followed the Prisoner, and he had like to have tumbled the stockings upon me.

Q. Did you lose sight of the Prisoner till he dropped the stockings?

Stroud. I did lose sight of him a little while to be sure.

Q. When you asked your brother whether he had sent any stockings out, you followed the man you say, and you are sure you did not lose sight of him till he dropped the stockings?

Stroud. Yes; and I took the stockings, and carried them back to the warehouse: I did not pursue the man, my brother took him; he had on a light coloured coat, and a little light bob wig.

Prisoner's Coun. Are you positive to the man?

Stroud. Yes, I am. I know the world something.

Absalom Gibbons . I am a news-man; I was coming out of the Horns in Gutter-Lane, on the saturday before Christmas-day, it was the 19th of Dec. between six and seven o'clock, and I heard a cry of stop thief; I saw the Prisoner running along, no body run before the Prisoner. I turned about, and saw him turn out of Cheapside, into St. Paul's Church-yard ; I run after him, and cried, stop thief; and he cried, stop thief too; and in a minute's time he was taken.

Q. What clothes had he on?

Gibbons. A light coloured coat, a double breasted waistcoat, and a light wig.

Q. Are you sure the Prisoner is the man you saw pursued?

Absalom . Yes.

Q. Did you see any stockings upon him?

Absalom . No, I saw no stockings.

Prisoner. I never cried out stop thief, till I came out of Gutter-Lane, into Cheapside ; and then I cried out, stop thief, as well as them; and I had a duffled coat on then, as I have now.

Richard Stroud . He said before my Lord-Mayor, that another porter helped him up with the bag of stockings upon his back; and he said, that the man was not to be found.

Q. Did you ever at any time say before my Lord-Mayor, that another porter helped you up with the bag of stockings?

Prisoner. No. He accused the book keeper with this.

Q. to Richard Stroud . Did you ever accuse any body else but the Prisoner;

Stroud. I never did.

Q. to the Prisoner . What are you?

Prisoner. I am a bricklayer, and in winter time I follow chair work. I live by Grosvenor-square.

Q. What brought you to the Cross-Keys Inn in Wood street?

Prisoner. I was not there, I was going down Gutter-Lane, into Barbican ; I had been to enquire after a relation in Spittle-fields .

Prisoner's defence.

James Reynolds . I am a peruke-maker , and live in Prince's-street, by Lincoln's-Inn-Fields.

Q. What, a master?

Reynolds. No, a journeyman. I live with Mr Gould.

Q. Look at the Prisoner. Do you know any thing of that man?

Reynolds . No. I was informed, that Mr. Gascoign's waggon, the Worcester waggon, put up at the Cross-Keys Inn; I enquired, and they told me, the Worcester waggon did not put up there , but the Worcestershire waggon did. There was somebody came into the Inn, and asked the Porter whether he had delivered out any parcel or bundle , and he said, no. They said, there was something lost, and that there was a man run away; the porter run out of the Inn after him, I was close at the porter's heels , but he was out of sight of every one; I lost sight of him at the corner of Gold-street, the next turning to the Cross-Keys Inn , in Wood-street.

Q. Did you see any man with a bundle upon his back ?

Reynolds . No, I did not.

Q. You said just now, you lost sight of him.

Reynolds. When I was before my Lord-Mayor, I told his Lordship, I saw more than any body; what I swear now is, that when he came to the corner of the street, I lost sight of him. I cannot say it was the Prisoner at the bar .

Q. What do you mean by losing sight?

Reynolds. And please your Lordship, you have critical words, and I don't understand them.

John Morris . I am a block-maker , and live in Little-Wild-Street, I was going down Wood-Street about seven o'clock to buy some brass in Old-Bethlem, and at the Cross Keys Inn, in Wood-Street, I saw a man go out with a bundle; the evening was dark; the man had on a light great coat, and he was pursued; the Prisoner, if it was him, threw down the bundle, and run away, and they pursued him to the end of Golden-Lane [that is Gold-Street.]

Q. And did you run after him?

Morris. Yes, but I could not see any thing of him.

Q. So you pursued him?

Morris. Yes.

Q. What did you pursue him for?

Morris. Because they cried out stop thief ; then the man went into Gutter-Lane, at the corner of Golden-Lane or Gold-Street, and they all lost sight of him. The man that I saw with the stockings was a little man.

Q. How came you to come here?

Morris. I heard the next day that the man was committed, and thinking him not the same man, I went to inform him of it.

Q. Did you know that before you saw him?

Morris. Yes, because they said it was a lusty fat man.

David Morris . I am servant to Mr. William Moore , a druggist in Wood-Street, and what we commonly call a porter.

Q. Are you any relation to John Morris ?

Morris. No relation at all.

Q. What do you know of this affair ?

Morris. I know nothing of the affair.

Q. Do you know any thing of the Prisoner?

Morris. I know nothing of him.

Q. Do you know any thing of the man that took the stockings?

Morris. I do not.

Q. How came you to come here ?

Morris. My master gave me leave to come here, at the desire of the person who asked him.

Q. Who was that person that desired him?

Morris . John Morris , my Lord; I have a subpoena ; he told me I must come; I told him I knew nothing of the matter .

Q. to John Morris . Who did subpoena this witness?

John Morris . I did subpoena him.

Q. to David Morris . Did he tell you what you was to come for?

Morris. No, he told me nothing of the matter.

Q. Tell me what he said to you when he gave the subpoena.

Morris. He told me I should be accused concerning the Prisoner at the bar, for helping the man up with the parcel .

John Morris called again.

Q. What did you mean by subpoenaing this man?

John Morris . The attorney gave me a subpoena, and said I must summon him here.

The subpoena was produced in Court, which was dated 1730, and the two last figures were erazed , and altered to 1747.

John Brittle . My father is a carrier, and lives at Kidderminster .

Q. Was you by when this fact happened?

Brittle , No, my Lord.

Q. What can you say to it then?

Brittle. I was in Newgate last Sunday, and my father's brother was with me; my father had heard that the things were stolen out of the waggon - I ask pardon; these goods were delivered to my father in the country, and booked to him; he could not put them into his waggon , so he got another carrier to put them up, and he was to have carried them to the Saracen's Head on Snow-Hill , but there was a mistake, and they were left at the Cross Keys Inn. My father was at Newgate with the Prisoner one day, and my uncle another.

Q. Do you know the Prisoner at the bar?

Brittle. No, I do not know him, neither does my father.

Q. What brought you here?

Brittle. I could not help coming, my Lord.

Q. Who subpoenaed you?

Brittle. The man's wife.

Q. Whose wife?

Brittle. The Prisoner's wife.

George White . I live at the Three Golden Sugar Loaves in Park Street, by Grosvenor-Square; the Prisoner lodged with me constantly for five years, except one quarter. I never kept my door open after ten o'clock at night, but he had a key, and used to let himself in at ten or eleven o'clock.

Q. What is his character?

White. I believe very good; I have intrusted him in my house with a great many goods; he has borrowed two or three guineas at a time of me, and always paid me again.

Q. Did you ever hear any thing against his character?

White. No, I never heard any thing, but that he was a very worthy honest man.

Q. You was not in Wood-Street then?

White. No, and I was very much surprized when I heard it. I know some of his friends at York, and they say he always behaved well .

Q. What are you?

White. I keep a chandler's shop.

William Taplin . I know the Prisoner very well.

Q. Where do you live?

Taplin. I live at the Cock and Bottle in Upper Brook-Street, by Grosvenor-Street.

Q. What character does he bear ?

Taplin. A very good one; I never heard any thing but that he had a good character.

Q. What business is he?

Taplin. He is a chairman.

Q. Do you keep a publick house ?

Taplin. Yes, and I keep a figure in the street .

Thomas Fisher . I am a plumber , and live in the house with George White , at the Three Sugar Loaves . I have lived with him there between four and five years; he always bore an honest character, and was always looked upon to be a very honest fellow.

Q. Are you a master-plumber?

Fisher. No

Hannah Matthews . I am a lodger in Mr. White's house; I have lived there almost four years.

Q. Do you know the Prisoner?

Matthews. The Prisoner was a lodger in the house before I came there, and always bore a good character, for what I ever heard; and he always behaved well in the house.

Q. Had you any reason to suspect his being loose ?

Matthews . No, I have a great deal of reason to say that he is a very honest man; for I have left my door open days after days, and the Prisoner lives over me; I have a hundred pounds of linnen, and I never lost any.

Q. What a hundred pounds worth of linnen?

Matthews. Not at one time.

Robert Lees . I live in Chapel Street; I am a chairman; I have known the Prisoner about five years, I never heard any ill of him in my life.

William Ruscoe . I have known the Prisoner between five and six years, he always bore a very good character, and was always a very civil man.

Q. What is he?

Ruscoe. He acts as a chairman.

Pris. I came out of my house about four o' clock, with a design to go to Gravel-Lane to see my sister, but she was gone to Portsmouth; and was going afterwards to Barbican, when this happened.

- Rennison. I have known the Prisoner several years, he has a very good character, and always behaved well, and I do believe he is wrong accused.

Jury to Richard Stroud . Did you see the Prisoner drop the bundle?

Richard Stroud . I saw the Prisoner drop the bundle .

Jury. From the time of his dropping the bundle , did you ever lose sight of him?

Richard Stroud . No, I never did.

Jury. Did you see any other person in Gutter-Lane at that time?

Richard Stroud . No.

Guilty .

[Transportation. See summary.]

88. Mary Wilson , of St. George Hanover Square , was indicted for stealing six pound of candles, value 3 s. the property of John Penn . Jan. 8 .

John Penn . On the 8th of this month, I heard a noise in my cellar about seven o'clock at night. I went to my hatch-door, and saw the Prisoner slip out, and run to a neighbour's house with these candles that are in this handkerchief.

Q. Did you take them from her in this handkerchief?

Penn. No; I put them into this handkerchief, to carry them.

Q. Where had she them?

Penn. She had them in her apron and pocket together.

Q. What did she say?

Penn. She had little or nothing to say; when she was brought back she owned she had them out of my cellar, and since that I have had several pounds brought home by my neighbours , half a dozen pounds at a time, and they said they bought them of the Prisoner.

Prisoner. I was with child and longed for candles , and I could not help taking them.

Q. Had she ever a one of them in her mouth ? if she had, I should have thought she had a mind to them.

Penn. No.

Q. Are there any of them bit?

Penn. No. I have lost a matter of ten pounds worth.

Guilty, 10 d .

[Whipping. See summary.]

89. + Cornelius Jones , of St. Mary Aldermary , was indicted for stealing a silver watch, value 3 l. 10 s. a suit of laced headclothes, value 1 l. 1 s. a suit of cambrick headclothes, value 5 s. four aprons, one Holland shirt, one Irish shirt, two Irish shifts, one silk apron, one piece of a short apron, half a yard of cherry coloured silk, an old silk hat, two pair of shift sleeves, two napkins, one sheet, two pewter plates, two pewter spoons, one under petticoat, a China bason, a pint earthern mug, an earthern tea-pot, a bunch of keys, seven on the bunch, and a towel, the property of Martha Bruton , in her dwelling-house , Dec. 17 .

Martha Bruton . I am a widow , and live in Watling Street ; on the 17th day of December I lost a silver watch, of the value of 3 l. 10 s. and a great deal of linen, &c. [as mentioned in the indictment.]

Q. Where did you lose these?

Bruton. In my shop.

Q. Is that part of your dwelling-house ,

Bruton. Yes , it is part of my dwelling house.

Q. What time of the day did you lose them?

Bruton. Between five and six at night, the Prisoner came to my house about four o clock, and asked for one Mrs. Gardner, who did live in Queen Street; I used to frequent the shop when she lived there, and used to see the Prisoner there, and as one was Shropshire, and the other Herefordshire , we used to call one another country folk; when he came in, he asked to sit down; I had some mutton chops for dinner, and I thought he would have gone; he said he had good news to tell Mrs. Gardner, for he had an estate of 90 l. a year left him, which was to come to him at Christmas, and then he said he should want a watch. I said I had got a watch that I must dispose of; he desired to see it; I gave it him into his hand, and he seemed to like it.

Q. Did you deliver it into his hand?

Bruton. Yes, but he delivered it to me again, and desired I would keep it till Lady-day, and he would have it; I said I would lock it up, and keep it till Lady-day, and it should not see sun or moon till that time, and I locked it up in a chest of drawers that I have in the shop; then I went to broil the stakes, and he went into the little back room where I broiled them; the Prisoner sat still, but I expected him to go; said I, you plead a good deal of poverty, if you will stay and eat a stake you are welcome; said I, I have no beer in the house, and I asked him to go for a mug of beer; he said that he was so well known, that he did not care to be seen: He came out of the little room, and said it is time to go for the beer, for your stakes will be burnt; I went out to bespeak it, and left him in the room, not thinking the fellow would rob me.

Q. Was he in the same room when you came back?

Bruton. Yes , but he had been very busy while I was gone; then he went out, as I thought he might do , upon a necessary occasion .

Q. Did he go into any yard of yours, or into the street?

Bruton. I do not know whether he went out of the shop; I thought he staid longer than he had need to do, but he did not return; I folded up my things, mended the fire, and went into the shop, when, to my great surprize, I found these gloves rolled up as they are now in the shop; I turned to the place where my watch was, and found my watch was gone, and several other things, which were in the drawer; then I went to another drawer that was unlocked, and found that all my linen was gone.

Q. Was the drawer where you put the watch locked?

Bruton. I am positively sure that the drawer, where the watch was, was locked. I did not know what to do, or how to find this man, for he never was in my house before, only as I knew him at Mrs. Gardner's ; I went to Mrs. Gardner's to inquire after him, and she said he used some houses, which I went to.

Q. Where did you take him?

Bruton. I took him at the George in St. Martin's Legrand, the Wednesday night after, I take it to be the 23d of December; I had been to seek for a constable, but could not get one; there were several gentlemen there, and I desired they would assist me to take a thief; I spoke loud, for I speak pretty loud sometimes. The Prisoner dropped the watch under the bench, but I did not see him drop it; he asked me what I wanted with him, I said my silver watch; he wanted to go home to my house, and he said he would make me sensible that he had not robbed me; said I, Will not you run away from me? he said he would not; so I went out with him, and got him to a gentleman's house by Honey-Lane market, and had him secured. I asked him where the watch was, he said it was under the bench at the George Alehouse ; I went there, and the watch was taken up; they had got a constable to take the watch up, and he delivered it into the hands of the woman of the house. The Prisoner owned the fact before several people.

Q. Where was this that you carried him to?

Bruton . To Mr. Bird's , by Honey-Lane market. We went to demand the , watch, and the woman at the George would not show it us. I said to the Prisoner, You rogue , you have robbed me of my watch , and all my linen. The Prisoner lodged in Dove-Court , and his landlady said, if I would not do him any harm she would bring some of the things to me.

Q. Have you got your things again?

Bruton . I have them in part.

Q. What became of the rest ?

Bruton . He said he was obliged to sell them, for he had been out of business a great while, and was poverty struck, and could not help doing what he did .

Q. Did you carry him before a Magistrate?

Bruton. I carried him before the Sitting-Alderman on the Thursday.

Q. Did he confess any thing else?

Bruton. He said it was my watch, that he had taken the string off it, and put another on.

The watch was produced, and Mrs. Bruton swore it to be her property ; there were two seals to it, but one was not hers .

Edward Francis . I am a constable in the liberty of St. Martin's Legrand ; I was sent for to the George in St. Martin's Legrand, the 23d of December, about four o'clock I believe: When I came in, there was a watch lay upon the ground between the bench and the table; they desired me to take it up, which I did, and delivered it to the woman of the house.

Q. Have you never shewn it to Mrs. Bruton since?

Francis. Yes, before the Alderman, and she knew it presently. This is the watch I found under the table, and the Prisoner said that this was Mrs. Bruton's watch, and that he had taken the string off, and put another on.

Prisoner. She said she did not, and could not know it till I owned it.

Abraham Hensley . One Wednesday night I heard the Prisoner say the watch was Mrs. Bruton's, and that he dropped it at the sign of the George; I went with the Prosecutrix and Mr. Bird there, and the landlady would not shew it, but when we came before the Alderman, she produced it.

Prisoner. I have been forty years in service, and never had any thing laid to my charge. Mrs. Bruton said, if I would eat a pound of stakes, she would treat me; I said I could not stay, but I did; she said she had no small beer in the house, so I went for a pot of beer, but the stakes were not come, and Moll Best was the girl that fetched the stakes, for Mrs. Bruton never went out of the house. I cannot say that I honestly bought the watch and paid for it, but I honestly agreed with her for it, and shewed it to a watchmaker, and he said it was not worth thirty shillings : I was to pay her so much a week, or the whole at the quarter's end, and I was to give her 5 l. 10 s. for it; she gave me four or five quarterns of gin, and I was drunk that night and lost my hat and wig; she often wanted me to come and see her when she lived in Cannon-Street , for she kept a shop there . I have no friends here. I lived seven years with Dr. Collins of Walthamstow as a footman, and in many other good places.

Q. How long have you been out of place?

Prisoner. About three quarters of a year.

Q. What have you done in that time?

Prisoner. I was down in my own country in Kent, at harvest-work, and in other places.

Thomas Copeland . Last saturday night, the 9th of this instant, between six and seven, as I was coming along Ludgate-Hill , I lost my pocket-book out of my pocket.

Q. Did you drop it?

Copeland. No. The Prisoner picked it out of my pocket, and since that, the book has been brought to me.

Q. What makes you say the Prisoner picked it out of your pocket?

Copeland. Because I saw him. I found my coat was pulled back, and I saw my book in his hand, and he put it into his pocket.

Q. You say, you saw the book in his hand, why did not you stop him?

Copeland. Because I thought it might be improper for a single person to take such a one as him; I crossed the way, and saw him pick another gentleman's pocket. I spoke to the gentleman, and informed him of it, and he said, if I took any notice of it, we might stand a chance of being beat; we followed him as far as Temple-Bar, and he returned back again. I went home to my lodging in New-street, by Fetter-Lane.

Q. Did you observe his countenance?

Copeland. Yes; I observed the lower part of his face to be clarety. When I went home I got one to go along with me, and set a man and a boy on one side of the way, and I went on the other.

Q. When was that?

Copeland . About a quarter of an hour after he picked my pocket. I came out of the house with my landlord, and I saw the Prisoner turn up Fleet-street , towards Fetter-Lane; and by St. Dunstan's church , I saw him attempt to pick a gentleman's pocket. Said I to a chairman, do me the favour to lay hold of this man, for he has picked my pocket, and he laid hold of him by the collar, and shoved him against the Temple-gate. There was another fellow with him: I laid hold of the other fellow, though I could not charge him; and I don't know but the Prisoner might think I had a proper officer; but when he found I had not a proper officer, he said, you little saucy dog, let me go: we carried him to a public house, the Two Kings and Key in Fleet-street, and I got an officer, and he said, he believed this person was no better than he should be. The Prisoner desired he might be searched, and the constable said, I don't feel any book, or any thing like it; I asked him if he would return the book, he said, he knew nothing of it ; I gave the constable charge of him, and he begged to go to Bridewell; and desired I would indulge him: the constable thought it dangerous to carry him to Bridewell, on account of a rescue; for it was said, that he had been there several times.

Q. Did you get the book again?

Copeland. Yes, it was brought to me by a sailor, and he trembled very much; said he, is not your name Copeland? I said, yes. Said he, have not you lost a will and powers ? I said, yes. He said, that he wanted something for finding it, but I would not give him any thing. I said, let the person come, and I will satisfy him for it. Afterwards a woman came with the book wrapped up in a sheet of paper, all over dirt; and asked me a crown for picking it up; I told her, I did not know whether it was proper to give her anything, and I did not give her any thing, and she went away very angry.

Q. Are you sure the Prisoner at the bar is the man that took it out of your pocket?

Copeland. I am sure of it.

Prisoner. Ask him whether he saw the book in my hand.

Copeland . Yes, I did; I saw it in his hand in this manner, as if he took a glance at it to see what it was

Guilty .

[Transportation. See summary.]

91. + John Raynsdon , of St. Brides , was indicted for stealing a linen handkerchief, value 1 s. and 6 d. the property of Jonathan Harris Power , privately from his person .

Jan. 6 .

Jonathan Harris Power . On the 6th of January last, about a quarter after one at noon, I was about two hundred yards below Ludgate, and the Prisoner took my handkerchief out of my right hand coat-pocket.

Q. What reason have you to charge the Prisoner with it?

Power. I heard a person say, your pocket is picked; I turned about and saw the Prisoner endeavouring to conceal the handkerchief between his coat and waistcoat.

Q. How near was the Prisoner to you then?

Power. About three yards.

Q. Did you take it from him?

Power. No; other people came up, and he dropped it.

Q. Did you take it up?

Power. No; but another did who saw him take it out of my pocket, and he was immediately secured.

Prisoner . Ask him whether he saw me drop the handkerchief.

Power. I can be positive that I saw him have it in his hand, and one corner was hanging out thus, and then I saw him drop it.

John Jones . The Prisoner cut two pair of coach-harnesses to pieces, and cut the brasses off them.

Q. What are you?

Jones. I am a hackney-coachman . I lost all these things on the 27th or 28th of Dec. out of my stable, and hay loft in White-Cross-Street .

Q. What reason have you to think the Prisoner at the bar took any of these things?

Jones. He confessed that he did, and that he cut them off, and sold them to the old man in the cap for twenty pence.

Q. Is the Prisoner a servant of yours?

Jones. He is no more a servant of mine than he is of yours; he owned he broke part of the sky-light, and dropped down like a cat into the hay loft.

There was another indictment against him, but he was not tried upon it. Guilty .

[Transportation. See summary.]

95. Elizabeth Saunders , of St. Martin's in the Fields , was indicted for stealing a copper stew-pan, value 16 s. the property of John Akroyd .

Jan. 18 .

Robert Joy . I am a lodger in Mr. Akroyd's house, he keeps a publick house ; the maid said to me, there is a woman run out with a stew-pan. I followed her, and laid hold of the Prisoner, and John Taylor took the stew pan out of the Prisoner's hand.

Q. Did you see her run out?

Joy. I did not.

Q. Did you see her in the house?

Joy . Yes, after she was brought back with the stew-pan .

Q. What did she say?

Joy . She said it was not her that took it, but she owned it afterwards.

Q. Do you know it to be Mr. Akroyd's stew-pan?

Joy . Yes.

John Taylor . I heard a rumbling noise upon the kitchen-stairs , and the maid cried out stop thief. I saw the Prisoner just after she had passed the cellar-stairs , and Robert Joy took hold of her in the street. I heard the copper stew-pan knock against some iron palisades; said I, what have you got here? She said, nothing. I took the stew-pan from her, and carried it into the house: and she said, she found it; but at the Round-house she said, she did take it out of the house. Guilty .

James Styles . The Prisoner brought this holland to my master's shop, Mr. Norman's, a pawnbroker in Covent-Garden, on friday, the 8th of Jan.

Q. Do you know the Prisoner?

Styles . Her business is to carry goods to Covent-Garden market: she offered to pawn it, and asked six shillings upon it.

Q. What is it worth?

Styles . I believe, if it was to be bought out of a linen-draper's shop, it is worth five shillings an ell; but four shillings to be sure. I asked her whose it was, for I said it was not hers; and she said it was her own, three times over: and at last she owned that it was not hers, but that she brought it from a friend of hers to pledge. I asked who that friend was; she said, that was nothing to me, for she was the person that brought it. Said I, if you will let me know your friend, I will go and ask her whether it is her property; I thought she did not appear as if she was the owner of such holland as that; she had that child in her arms, and a boy of about eight or nine years of age with her. Said she to the boy, take the child out of my arms, and I will jump over the compter, and take it from him. I got a constable, and had her before Justice Burdus, but she did not confess any thing that I know of.

Guilty 10 d .

[Whipping. See summary.]

97, 98. John Harvey , and Thomas Farrell , of St. Andrew, Holborn , were indicted for stealing a silk handkerchief, value 2 s. the property of a person unknown.

Dec. 19 .

David Forrester . On the 19th of Dec. I was at my shop-door, in Holborn , about eleven o'clock in the day time: and I saw these two boys going after a gentleman, and the corner of the gentleman's handkerchief was hanging out of his pocket; and both one and the other of the Prisoners attempted to take it out. I thought it was a pity the gentleman should have his pocket picked, and I went after him, but lost sight of him, and could not find him. Another gentleman said, if I saw such a thing done, I was to blame, if I did not take them up: for I connived at felony. I followed them into Wild-street, and I met a neighbour; he asked me what I was going about, I told him; he said, they were gone before. I took one of them in Clare market, and my neighbour, the next witness, found the handkerchief in the Prisoner Harvey's breeches. Harvey said, there is the boy that took the handkerchief: I secured him too, and they both charged one another with it. I am sure these are the two boys, whether they had the handkerchief out of the gentleman's pocket, or not, I can't tell.

John Grosvenor . I pulled the handkerchief out of Harvey's breeches, in Clare-market; that is the handkerchief I pulled out of his breeches.

Q. Did the other boy come by at that time?

Grosvenor . No. He was gone then.

Q. Did you see the other boy taken?

Grosvenor. Yes. Neither of them confessed the taking it, but one laid it on the other.

Prisoner Harvey . I found the handkerchief, and put it into my pocket.

Q. Have you any friends?

Harvey. No. I never did such a thing in my life before.

Harvey, guilty 10 d .

Farrell, acquitted .

[Transportation. See summary.]

99. John Rogers , of St. Mary Lestrand , and Sarah Bottles *, spinster, were indicted; the said Sarah Bottles for stealing two silver teaspoons, value 3 s. a mortar, value 5 s. a wooden hatch of a door, value 10 s. and a bottom of a still made with copper, value 10 s. the property of Elizabeth Duke , widow , and John Rogers for receiving the said bottom of a still, knowing it to be stolen , November 5 .

* Sarah Bottles, the principal, was convicted in December Sessions; her conviction was read, and she was ordered to be transported for seven years.

Eliz. Duke . Sarah Bottles informed me where the bottom of my still was, and every thing else; I went to the Prisoner's house, and he abused me pretty handsomely; then I got a warrant, and he said what fool of a Justice granted me a warrant? I said, those that would answer it; but afterwards he owned he had cut it to pieces, and bought it for half a crown.

Q. What is it worth?

Duke. It cost me 15 s. He sent two people to me, and they said he would make me a new one, and he has made up one, and I would have taken it rather than have made any combusture .

Q. You do not know that these people were sent by him?

Duke. I do not know: I would have taken it, but I told him he should have said that before I had taken out a warrant.

Prisoner. I know the Prosecutrix is a very wicked woman, and keeps a disorderly house. I gave a market price for it, for it weighed but four pounds .

Duke. I have no other witness, and there is no occasion for any, for my character is very well known.

Pris. I gave the woman 3 s. for it, which is 9 d. a pound; and gentlemen of the Jury, do you think that cost her 15 s.? I have a thousand witnesses to my character.

Jane Halfpenny . I am servant to Mrs. Ward in the Strand , and was there when the thing was brought in; and Mrs. Ward said she would have her go to her brother, who is a brasier in the Strand, for he was a proper person to buy it; and I heard the Prisoner Bottles said she found the pan upon a shelf in a shed, since her father's death.

Q. Was you present when the girl sold the pan to the Prisoner?

Halfpenny . No. The Prisoner is a man that always bore a good character, and I believe, upon my soul, he would be the last person to buy any thing that was stolen.

John Ward . The girl brought this thing to our house, and I bid her go to Mr. Rogers, and I went with her; Mr. Rogers asked her how she came by it, she said she found it; he asked her where she found it, she said upon a shelf, where it had lain ever since her father died; he weighed it, and it weighed four pounds, and he gave her half a crown and six pence for it, which is nine pence a pound.

Q. Was it an old pan?

Ward. Yes , it was black and dirty.

Richard Jones , a founder. I believe the Prisoner to be a very honest man, and if he had believed it to have been stolen, he would have had no hand in buying it; and he gave the value of it, for, considering the iron and all, he gave more than I would have done; for I could not have turned it to so good an account, because he is a worker in that commodity.

Acquitted .

100. William Hoare , of St. John Wapping , (together with Thomas Fazakerly and Robert Dunn , not taken) were indicted for stealing twenty-four bushels of beans, value 48 s. and four sacks, value 10 s. the property of William Sherwood , and

101. Thomas Liggins ; for receiving the same, knowing them to be stolen , January 11 .

William Sherwood . I am a lighterman ; on Friday the eighth instant I had six quarters of beans on board my lighter, lying at the moorings in the middle of the river off Tower-Wharf .

Q. Did your lighter lie on the Middlesex side or the Surry side?

Sherwood On the Middlesex side. Two of the sacks were marked with my name.

Pris. Coun. How many sacks were these three quarters in?

Sherwood . They were in six sacks; they were taken out of my lighter on the Saturday night or Sunday morning, and I heard there were beans landed at Execution-Dock; there was a little cart and horse brought there, and I found this cart and horse belonged to Liggins; I got a search-warrant , and on Monday morning I went and searched his house, and found these standing in six sacks, as they were standing in my lighter on the Friday; I asked him how he came by them, he said he gave 24 s. for the three quarters.

Q. What did they cost?

Sherwood. They cost 17 s. a quarter, besides charges; we took Mr. Liggins before a Justice, and the Justice admitted him to bail.

Q. What time did he say he bought them?

Sherwood. He said he bought them between four and five in the morning.

Q. Do you know whether he sold any of these beans ?

Sherwood. He said he had sold one sack for nine shillings.

Q. What did Hoare say as to the taking them?

Sherwood. He said he lent a man a boat to go, and he brought the boat to Execution-Dock, then went to Liggins's house, and sold the beans for 24 s. to Liggins.

Q. Were the marks of the sacks on the outside or the inside, or were the sacks turned?

Sherwood. The marks were on the outside.

Q. As to the sack that was in the shop, was that publick to every one's view?

Sherwood. There was another sack stood before it.

Daniel Gregory . I am a watchman at Execution-Dock .

Pros. Coun. Do you know Hoare?

Gregory. Yes, that is Hoare.

Q. Do you know any thing of his bringing any beans any where?

Gregory. Yes, on Saturday was sevennight, about three or four o'clock in the morning, he brought the boat ashore with two other men, and they took six sacks out; they went away for about a quarter of an hour, and charged me to take care of them, and I lodged them in my hut.

Q. Who gave you the charge?

Gregory . Hoare gave me the charge.

Q. What did he give you for your trouble in watching these things?

Gregory . He gave me three shillings.

Pros. Coun. Very good pay for watching for a quarter of an hour.

John Sherwood . I brought the lighter down to her moorings on Friday night, and covered the sacks with a tarpaulin , to keep them from the weather, and in the morning three quarters of my brother's beans were gone.

Q. What was the price of them?

Sherwood . Seventeen or eighteen shillings a quarter.

Q. Where did you find them?

Sherwood. I heard they were in the house of Thomas Liggins , and I found them in the house of Thomas Liggins , with my brother's mark upon them.

Q. Had you any discourse with him?

Sherwood. No, my brother had the discourse with him.

Q. What did he say before the Justice?

Sherwood. He said he gave 24 s. for the three quarters, and that he sold one sack for 9 s. and that my brother might go and take the money for it.

Pris. Liggins's Coun. Did he know the value of them?

Sherwood. He sold them for a market price, and that is a sign he knew the value of them.

Q. Do you think, if he had bought these goods, knowing them to be stolen, he would not have shot them out into other sacks?

Court. That must be left to the Jury.

Q. What is the price of beans, are not they sometimes at eight or nine shillings a quarter?

Sherwood. The market price at that time was from 17 to 18 s. a quarter for this sort of beans.

Q. I suppose these beans were for shipping?

Sherwood . Yes, they were for the West-Indies.

Pris. Coun. I think they are to prove where the beans were stolen from, and the Jury are to try the Prisoner for the fact where the offence was committed, and the indictment must be laid where the fact is committed; and as the river of Thames is always supposed to be in two counties, half the river to appertain to one county and half to the other; for this fact may have been committed in the county of Surry .

Court. You need not give your self any trouble. Suppose the lighter lay in Surry , and he carries them into Middlesex, is not he guilty of the felony, wherever the goods are found?

Ann Douglas . The Prisoner, Hoare, lodged in my house six weeks at one time, and three weeks at another ; and I never knew any thing amiss of him.

Q. Where do you live?

Douglas . I live in Queen-street, by King Edward Stairs, in Wapping.

Q. What is Hoare's business?

Douglas . A lighterman; and he always endeavoured to get his bread in an honest way.

- Douglas. I have nothing to say, but what my mother said: he lodged at my mother's house two several times, six weeks at one time, and three weeks at another.

John Johnson . I have worked with the Prisoner five years: He is a ballast lighterman. I never heard any ill of him.

Robert Burkey . Mr. Hoare lived in my house about twelve months, and I never knew any thing amiss of him.

Q. How long is that ago?

Burkey . About twelve months.

Prisoner Liggins Last saturday was sev'night, in the morning, I believe it was between one and two, somebody knocked at the door; I was in bed, and cried out, who is there? Said a man, here is one. What do you want, said I? He said, he had two or three quarters of beans to sell. I said, if they are worth my while, I will buy them, if they are honestly come by; said I, what sort of beans are they? He said, they were either fit for hogs or horses; (I had some hogs a fatting) Said I, where are they? He said, they were in a house by the water-side. Well, said I, if they are honestly come by, I will buy them. In about three hours time, Hoare and another man came and asked me whether I would have them; I took my horse and cart, and went. They went into a house by Execution-dock , and a man said, I could not have them just then; I stood at the arse of my cart some time, and a watchman came and unlocked a door. I said, bring them along, and I will load them, and I did: and I took them away.

Prisoner Liggins Coun. My Lord, we shall bring one witness to prove, that he fed hogs with these beans.

William Kempton . I am a cornchandler, and live in White-Chapel.

Liggins's Coun. Do you deal largely in these goods?

Kempton. Yes, as much as most men do.

Q. Do you know Liggins?

Kempton. I have known him twenty years.

Q. Can you tell what is the price of this sort of beans?

Kempton. I have not been in the business for two years; I have known the price of these beans from six shillings and sixpence, to thirty shillings a quarter. I have known the price of these commodities to be raised five shillings in one day.

Q. Don't talk so loud.

Kempton . I must talk loud, for I am thick of hearing myself.

Q. What is his character?

Kempton. He is as honest a man as ever lived upon the earth, and that is right and the truth.

Q. Suppose this man was to be acquitted, would you employ him again?

Kempton . Yes, as soon as any man in England.

Prosecutor's Coun. Are you a master now?

Kempton. Yes.

Q. Is it not Mrs. Wilson's trade?

Kempton. It may be so.

Q. Then you are a partner.

Kempton. May be I may, but we are not come here to discover every thing.

Q. Do you know what the price of this sort of beans is now?

Kempton. I don't know much of this sort, they are a lesser sort of Kentish beans.

Q. What is the value of them now?

Kempton . I don't know justly what the price is now; I would not have given above twelve shillings for them for my own use; people may give what they please.

Prosecutor's Coun. They are not in your way of business now?

Kempton . Not much now.

Q. Do you think they would not fetch sixteen shillings a quarter at Bear-Key?

Kempton . Not in my mind.

Q. What not of your money?

Kempton . Not of my money indeed.

John Cloudsley . I have known the Prisoner, Liggins, twenty years: he served my father about twenty years ago,

Liggins's Coun. Do you think he would employ him again, if he was at liberty?

Cloudsley . Yes.

Q. What is his general character?

Cloudsley. His general character is, that he is an honest man.

Q. How long has he left your father's service?

Cloudsley . He has been gone from my father and mother two years.

Q. What does he do now?

Cloudsley. He keeps hogs and cows.

William Brown . I have known Liggins twelve years, he lived servant by us several years, and worked two years with us ; and I have known him ever since, till he was in prison, and never knew any thing, but that he was a very honest man, and a very worthy servant.

Prosecutor's Coun. What is your business ?

Brown. I am a cowkeeper , I believe you know me very well; he has lodged twenty guineas in my hand, and never took any receipt for it . I have intrusted him with the care of my servants and have had my business as well done in my absence, as if I was there.

Michael Grafton . I have known Liggins eleven or twelve years, and I always heard an extraordinary character of him; and there are many instances to prove his honesty. He has left twenty guineas in my hand, and never had any thing to show for it.

Prosecutor's Coun. That is your honesty.

John Field . I have known Liggins about twelve years, to the time of this accident ; he is a very honest and worthy fellow as any in the world.

Q. What business does he follow?

Field. He keeps hogs and cows, and is as industrious a fellow as any in the world; whether he was drawn into this thing or no, I cannot tell; but he is a very worthy fellow.

Thomas Church. I have known Liggins four years, he is a pains-taking man; I have sold him tares and peas for his hogs .

Q. Did you ever sell him any beans?

Church. No ; he is an ignorant man, and knows nothing of the price of these beans; they will rise five shillings in a quarter in a day sometimes.

Q. What are they worth now?

Church . I believe they are worth fifteen shillings.

Lig. Coun. How long is it since you sold them for eight, nine, or ten shillings a quarter ?

Church . All last summer.

Q. Do you think he knew the price of these beans ?

Church. I am sure he did not.

John Cooper . I have known Liggins about two years, I live very near him; his character is very good, and I never heard a bad character of him in my life.

Edward Lancaster . I have known him four years; and when I went into the brewery, I entrusted him in all my business. I never heard any thing against him, and if I wanted a man now, I would employ him as soon as I would any man in the world.

- Goodall . I have known him six or seven years down to this very time; I keep the Red-Lion Inn, in White-Chapel, he has bought hay of me, and I never heard but that he was a very honest man.

John Johnson . I have known him fourteen years down to this time; his character is, that he is a very honest man, I never heard any thing against him in my life.

John Brown. I am a weekly servant to Mr. Liggins.

Liggins's Coun. Do you know any thing of any beans being brought to his house?

Brown. He said he had bought some beans for his hogs , they were a pretty large sort.

Q. Were they in sacks?

Brown. They were in six sacks .

Pros. Coun. You saw these six sacks in the house?

Brown. Yes.

Q. Was there Mr. Sherwood's name upon the sacks?

Brown. Yes.

Q. What do they buy the sacks as well as the beans?

Brown. They were shot out of the sacks.

Q. Did not he use to buy beans at three or four in the morning?

Brown. Not to my knowledge .

Mr. Church called again .

Q. Is it not frequent for you to have your sacks changed, and other sacks sent in their room?

Church. Yes, it is very common; we would willingly have our sacks again, and when we find them we have them.

Elizabeth Greenwood . I lodge in Thomas Padmore 's house; on the 9th of December, about eleven in the morning, the Prisoner came to see me (as she said) because I always gave her good advice; she said she had married a porter at an inn; I asked her how she came hither ? she said she came with a hare on Saturday night, and that between Saturday and Wednesday, her husband had run away and robbed her; said I, it is a commong thing for a woman to rob her husband, but not for a husband to rob his wife ; the Prisoner followed me into the inner room several times; I had washed one of the spoons, and put it into the cup which stood in a corner cupboard (with the rest of the plate that was stolen) in the inner room; and it being near two o'clock, I said Nanny, I must go, I wonder my husband does not come home; she said, when you go I will go. I went to make up the fire, and missed a little bit of a poker; I locked the door of the inner room as well as the outer room, and went out. I had been gone out about half an hour, and when I came home my husband said both the doors are broke open; what, said I, both the doors! yes, said he. I clapped my hands and said, Nan has done this I am afraid, meaning the Prisoner at the bar.

Q. How did you find the door when you returned ?

Greenwood . Both broke open; and I missed a silver cup with two handles, three large spoons, three tea-spoons, a silver strainer, a scarlet cloak and a black bonnet , which were all in the inner room when I went away.

Q. When you missed the things what course did you take?

Greenwood . I went to the Prisoner's father, and told it him as a secret; he said he did not wonder at it, for it was not the first time. The next morning I advertised her, and this young man, Mr. Prior, Mr. Young the goldsmith's man, that bought the plate of the Prisoner, came to me, and said he had bought a cup and a spoon.

Q. Did you go to see them since ?

Greenwood. I did not see them till last Friday.

Q. Where is the cup and spoon?

[Mr. Young produced the cup and spoon, which Mrs. Greenwood said was what she had lost.]

Eliz. Greenwood . The Prisoner was apprehended , and I went to Newgate to see her, and asked her how she could serve me so? for, said I, I always gave you good advice, and she did not deny it.

Q. Did you charge her with robbing you?

Greenwood . Yes, and she did not deny it. I asked her how she did it; she said, she broke the door open with her hand, and thought the devil helped her, and she said she sold the cup and spoon to this young man, Prior.

Pris. I cannot deny it in any shape, and leave it to the mercy of the Court.

Guilty 39 s .

[Transportation. See summary.]

103. + Samuel Chilvers , late of Long-Stratton, in the county of Norfolk , labourer , and

104. + Robert Scott , late of Yarmouth, in the county of Norfolk , mariner , were indicted, for that they, together with divers other persons, to the number of ten, after the 24th day of June, in the 19th year of his Majesty's reign, to wit, on the 5th day of December, in the 21st year of his Majesty's reign , at Eastbridge, in the parish of Thorberton, in the county of Suffolk , did, with fire arms, and other offensive weapons, unlawfully, riotously, and feloniously, assemble themselves together, in order to be aiding and assisting in running and landing of uncustomed goods, and goods liable to pay duties , in defiance and contempt of the King and his laws, to the evil example of all others, against the peace of the King, and against the form of the statute in that case made and provided.

King's Coun. May it please your Lordship and you gentlemen of the Jury, the two Prisoners at the bar are indicted on a late act of parliament, made in the 19th year of his present Majesty, and which the Legislature was forced to make, after having tried a great many ways, in order to put an end to smuggling with an armed force, to the detriment of most persons in the kingdom, and to the terror of those upon the coasts; and because these people would undertake this method, rather than follow their own occupations, the Legislature made it a capital offence for persons, with an armed force, to the number of three or more, to assemble together, in order to carry on this practice of smuggling. The act says, that if any persons, to the number of three or more, armed with fire arms, &c. after the 24th day of June, 1746, shall assemble together , in order to be aiding and assisting in the running of wool or other goods, prohibited to be exported , or to run any goods liable to pay duties , which have not been paid or secured, shall be deemed guilty of felony without benefit of clergy; but I need not trouble you with the other clauses of the act, because they do not come under this indictment , of running and carrying away uncustomed goods , and goods liable to pay duties, this the Prisoners are charged with: But there are two things to be considered, first, whether the Prisoners , with such as make three, assembled with arms ; and, secondly, whether they were assembled to that number and armed, in order to be aiding and assisting in the running of uncustomed goods, and I believe you have no doubt but that this will be proved. Gentlemen , on the fifth of December last, one of the officers of the customs saw a smuggling cutter coming within the bounds of the port of Southwold ; and, Gentlemen , you have had so many of these trials, that I need not tell you that they have little vessels , by which they run tea in oil-skin bags , and brandy in half anchors, and sometimes come to the number of an hundred or two hundred persons , and carry them off by force: On the fifth of December an officer of the customs observed a cutter hovering about the port near Eastbridge , he did very properly, and applied to some of the King's troops belonging to General Husk 's regiment, which were in the town they must go through; they went to a house the smugglers used to frequent, and inquired if there were any smugglers there, but they did not expect to be informed at the house where they used, but at last they got some information that they were in the stable; there the smugglers had concealed themselves , to the number of twelve , and the first salutation the custom house officers and soldiers were to have, was the smugglers firing upon the King's troops, and they did fire upon the King's troops, and the King's troops they returned it into the stable; there was never a man killed, but two horses were wounded, and a ball went through Scott's hat; they consulted whether they should stay there, or force their way out, and they agreed to force their way out , which they did, and one of the Prisoners (Scott) happened to come to some accident by his horse's falling, or probably he had not been taken. Scott had a brace and an half of pistols , all loaden with hall , which they took from him, and Chilvers had a musquetoon; they found that it was not then actually charged, but it had been just discharged, and was black, and had a scurf on it, and it is plain that this was one of the pieces that was discharged at them: the custom-house officer desired to know where they had got their tea and their brandy , but it is not discovered, and that remains in the dark, but the smugglers went down to the coast to take this tea and brandy that was on board this smuggling cutter , but when they came down, they were told it was not for them, but was designed for another gang ; whether they had these goods or not , does not come under this Act of Parliament, and that made me to state to you what the offence under this Act of Parliament is; it is being armed and assembled to such a number, with an intent, or in order to be aiding and assisting in the running and landing uncustomed goods; for the occasion and necessity of making this Act of Parliament arose from such great numbers being assembled and armed, and as to their being assembled there can be no doubt , and that they were armed ; and there were eleven horses left in the stable which they could not carry out. The next thing is as to their intent in being thus assembled and armed ; here is a cutter comes within the limits of the port of Southwold, this cutter could not come in there to pay duty, and the tea could not be landed there by law, and to pay duties at that place; and this cutter must come within the limits of the port without the knowledge of the custom-house officers, or applying to them; so if you believe the evidence , it is plain with what intent they were assembled; but this is plain here, for these goods were carried off by another gang; if you believe this, this makes it as plain as that case, in which they are proved to be armed and assembled .

John Wiggs called .

Q. What are you?

Wiggs. I am an officer of the customs at Southwold , in Suffolk.

Q. Now give an account what you know of a cutter's coming on that coast , on the 5th of Dec.

Wiggs. On the 5th of Dec. in the morning, I saw a cutter, and I went to my collector.

Q. Did you know who the cutter belonged to?

Wiggs . No.

Q. Was it within the limits of the port?

Wiggs . Yes.

Q. How far was it off the coast ?

Wiggs . About a mile and an half.

Q. Did you know by the make of her, what she was designed for?

Wiggs . Yes; I know by the sight of her, what she was. My officer went to the officer of the soldiers, and he got his men together, and went to take their goods, and our officer got our men together .

Q. Where was this?

Wiggs. At Eastbridge . We went to a publick house, where the smugglers generally used, and asked whether any smugglers were there; they said, no. I was resolved to search the house, and presently I heard a blunderbuss, or a musquetoon go off; and the lieutenant of the soldiers said, they were fired upon out of the stable, and the soldiers fired upon them through the stable-door: and the smugglers got out and run away; most of them got out at the stable-window.

Q. Did you see the Prisoners?

Wiggs. Not then, I don't know whether they were there, or not.

Q. What was the first time you saw these men?

Wiggs . I went out of the yard into the street, and the soldiers were bringing them along; Mr. Scott had got but a little way, but Mr. Chilvers had got a matter of three hundred yards.

Q. Had you any conversation with them about smuggling ?

Wiggs. Mr . Chilvers said to me that they went down to the vessel, and they were informed there, there were no goods on board of the cutter for them: for they were designed for another gang.

Q. How many smugglers did you see?

Wiggs. They stood pretty thick , I could not see how many there were.

Q. Were there more than two?

Wiggs. Yes, I saw five, six, or seven.

Q. Do you know what became of the goods in the smuggling cutter?

Wiggs. No, Sir.

Q. Did you go into the stable?

Wiggs. Yes, after the fire was over, and I found three carbines and a blunderbuss.

Q. How many horses were there?

Wiggs. Eleven horses, but two of them were wounded.

Q. What is that you have there?

Wiggs. It is a carbine.

Q. Is it usual for them to carry these carbines?

Wiggs. They always carry them.

Q. Are they more commodious than other arms?

Wiggs. They are lighter.

Pris. Scott. Ask him whether he saw me fire out of the stable?

Wiggs. I saw no man fire.

Chilvers. Did you see any tea or brandy along with us?

Wiggs. No, none at all.

Q. How far is Eastbridge from the shore?

Wiggs. About two miles.

Alexander Blair called .

Q. What are you?

Blair . I belong to General Husk 's regiment of Welsh suzileers .

Q. Was you, on the fifth of December, with any smugglers ?

Blair. Yes.

Q. Where?

Blair. At Eastbridge , Scott fell from his horse and Chilvers was on foot.

Q. How many were there of the smugglers?

Blair. There were ten or more; these two pistols I took from Scott, and there was another taken from him by my comrade .

Q. Shew how they were wore about his person.

Blair . They were in a belt , R. S. is cut upon each of them, they were both loaded and primed, and one of them was loaded with bullets cut to pieces.

Q. What is the consequence of being wounded by them?

Blair. Very dangerous , I had rather be wounded by a ball than wounded by them.

Q. Did you see Scott fire?

Blair. No, I saw one of the smugglers fire, but I believe it was not Scott; Scott surrendered to me, I told him I would blow his brains out if he did not surrender; I took two pistols from him, but I did not suspect he had a third, and my comrade took it from him; we had ten men along with us; I told the Prisoners it is a wonder our men did not stand more together, if they had we might have got more of you; I asked Chilvers how many there were of them, he said about ten ; I asked why they did not go down to the coast to take their goods away; and Chilvers told me they did go down, but they were told there were no uncustomed goods on board of that cutter for them, for they were designed for another gang.

Q. Did you see them come out of the stable?

Blair. I saw Chilvers run, and Scott was mounting at the door, and one of my men let fly at him .

Q. Did you see any fire from the stable?

Blair. One piece was discharged from the stable-door next the street , the first was from the other side.

Q. Do you know how many were fired?

Blair. No, because our men fired so many.

Robert Capell called.

Q. What are you?

Capell. I am a custom-house officer ; I was present when the two Prisoners were taken; I know what arms Scott had.

Q. Do you know what arms Chilvers had?

Capell. He had this.

Q. What is that?

Capell. A musquetoon.

Q. Was it charged?

Capell. No, but I believe it had been discharged very lately, because it was black; I put my finger upon it, and the powder was wet and damp with the firing.

Q. Was he endeavouring to escape when you saw him?

Capell . Yes.

Q. Did you see him come out of the stable?

Capell. No.

John Thompson called.

Q. What are you ?

Thompson. I am a soldier in General Husk 's regiment .

Q. Was you present when the Prisoners were taken?

Thompson. Yes.

Q. Where was you?

Thompson . I was at the street-door with Blair .

Q. Did you see them taken ?

Thompson . I followed Chilvers about two or three hundred yards; he had his great coat on, and a blunderbuss hanging at his back, I laid hold of him and took him up to the company.

Q. What arms had Scott?

Thompson. I did not see them.

King's Coun. My Lord, we rest it here.

Sam Chilvers . I never carried a pennyworth of goods away in my life.

Scott. I was going down into the country to my wife and children, for I was afraid of being at home, and I was going to work among the Yarmouth men.

King's Coun. He was in the King's proclamation , and could not stay at home upon that account .

Court. Have you any witnesses to your character or behaviour in life;

James Smith called.

Q. How long have you known Scott?

Smith. I have known him twenty-four years, and during the time I have known him he had the character of as honest and sober a lad as ever walked the streets , and always behaved well.

Q. What business is he?

Smith. He is a seaman, he served his time to the sea.

Q. He never had the character of being concerned in smuggling, had he?

Smith. He never had.

Q. What business are you?

Smith. A Taylor.

Q. What trade has he been concerned in?

Smith. The coal trade.

Q. What else?

Smith. Sometimes he went to Rotterdam .

Q. Which did he follow most?

Smith. He served his time to the coal trade, but it is customary for him in the winter time to go to Rotterdam .

Q. Did you ever hear of his being concerned in smuggling?

Smith. Never till this time.

Q. How far do you live off him?

Smith. About half a mile.

Q. Has he followed the sea down to this time?

Smith. I never knew that he followed any other employment.

King's Coun . As the Prisoner has entered into his character, I beg leave to call one witness.

Abraham Baily called.

Q. Give my Lord and the Jury an account of what you know as to the character of Scott.

Abra. Baily. I knew him an apprentice to a master of a vessel, one William Peters of Yarmouth, and then he went to Flushing in Holland; and since he came to England the character he bore was as a smuggler.

Samuel Chilvers and Robert Scott guilty , Death .

105. + Thomas Kemp , late of Hawkhurst, in the county of Kent , was indicted, for that he, together with divers other persons, to the number of fifty, after the 24th day of June, in the 19th year of his Majesty's reign, to wit, on the 11th day of February, in the 20th year of his Majesty's reign , at Folkstone-Warren, in the parish of Folkstone, in the county of Kent , did, with fire arms, &c. as in the aforegoing indictment for smuggling .

King's Coun. May it please your Lordship, the Prisoner at the bar, Thomas Kemp , stands indicted upon the same Act of Parliament, of the 19th year of his present Majesty, as the Prisoners who were tried last , therefore I will not trouble you with any thing more about the law, but proceed to the very fact. The Prisoner was concerned in the running and landing of tea, to the amount of three tun weight, and thirty half anchors of brandy; if we prove this, it will be a very clear case that the Prisoner comes under this Act of Parliament.

Christopher Barrett called.

King's Coun. Look at the Prisoner at the bar, do you know him?

Barrett. I know him.

Q. Tell us when and where you saw him.

Barrett . I saw him on the 11th of February, 1746, at a place called Folkstone-Warren , about half a mile from Folkstone , with about fifty people, armed with fire arms, and about eighty horses.

Q. Does Folkstone-Warren lie upon the sea-coast?

Barrett. Yes.

Q. What was he and these people doing?

Barrett. They were landing of goods.

Q. What goods?

Barrett. There were three ton weight of tea landed, and about thirty half anchors of wine and brandy; there were three bags of tea on each horse, and about a quarter of a hundred in each bag, and about three hours afterwards I saw him with fifteen or sixteen people, and he was driving some horses .

Q. How many?

Barrett. Six.

Q. Were the horses loaden?

Barrett . Yes, they were loaden with tea.

Q. Have you seen him at other times?

Barrett. Yes, I saw him on the first of November, and the third of November; when he was armed I did not see him with goods.

Pris. Coun. What time did you see him at Folkstone ?

Barrett. About seven in the morning.

Q. Are you positive that is the man?

Barrett. Yes.

Q. As to these bags, do you know what was in them?

Barrett. I did not see what was in them?

Q. What are you ?

Barrett. I am a blacksmith at Folkstone .

Q. Are you to have no gratuity for this?

Barrett. Not that I know of.

Q. How came you to remember the time?

Barrett. Because I made a memorandum in my pocket book.

Q. Can you write and read?

Barrett. Yes.

Q. Have you not an allowance of ten shillings a week for coming here?

Barrett. What signifies that.

Q. But have you not ten shillings a week?

Barrett. How should I live else?

King's Coun. Have you that ten shillings a week to swear falsely?

Barrett. No.

Q. I would ask you whether you had any money offered you?

Barrett. Yes, I have had forty guineas offered me by Kemp's friends not to appear against him.

Kemp. I never was in Folkstone-Warren in my life, and I am as innocent of the affair as the child unborn.

Q. If you had any witnesses * you might have got them.

* He was to have been tried last Sessions, and then he made an affidavit, that he had two material witnesses who could not be there then, and that he could not with safety proceed upon his trial without them; upon which account his trial was put off.

Pris. I have been shut up, and could not have any opportunity of making my defence. I never saw the witness, Christopher Barrett , in my life, that I know of ; for I never used any such ways to get my bread.

Q. Have you no witnesses , nor any body to your character ?

Prisoner . My friends told me it would be of no use to me.

Acquitted .

106. + John Mascall , of St. Giles's in the Fields , was indicted for the murder of Esther his wife , by throwing her out of a window, up two pair of stairs, in the dwelling-house of John Palmer , upon a stone pavement in Red Lion Yard, and thereby giving her several mortal bruises on the head, breast, back and sides, of which she shortly after died . Jan. 10 .

He was a second time indicted on the coroner's inquest, for the said murder.

John Palmer . Yesterday was sev'night, the Prisoner at the bar came home a little before eleven o'clock at night, (I was in bed.) He desired to have a halfpenny dram, or a halfpenny worth of gin, I can't say which: which he had; and my wife desired him to go up to his own apartment . He had not been up stairs above five minutes, before she cried out, Palmer, Palmer, come up stairs: and the Prisoner said, G - d d - n you, you b - b.

Q. Do you know his voice?

Palmer . Yes, perfectly well; my wife would have had me have gone up, as I had several times before: but I refused. A little time afterwards, I heard a rattling of the sashes , as if they had been dashed to pieces; and I heard something fall lump upon the ground, in the yard; and thought something was thrown out of the window.

Q. Did you hear any struggling before you heard something fall to the ground?

Palmer . No. I heard somebody say afterwards, my dear Esther has fell out of the window . I sat up in my bed and said, d - n you for a rogue, you have thrown your wife out of the window yourself, and murdered her at last.

Q. What reason had you to suspect any such thing ?

Palmer . Because he was always beating and abusing her in a most barbarous manner. Then he came down stairs, I don't know who opened the door, the Prisoner or I: but we dragged her into the house; she had her shift and cap on, her shift was up to the reins of her back, and her nose bloody: but I did not observe what bruises she had. Mr. Tate the surgeon was sent for, and he came .

Q. What was done afterwards?

Palmer . I can't tell, for I was gone out.

Q. Did the Prisoner go for a surgeon?

Palmer . Yes.

Q. How long was it before he returned?

Palmer. About a quarter of an hour.

Pris. Coun . What house do you keep? Are you a distiller, or a publican?

Palmer . If my Lord asks me, I will answer him.

Q. You say he often quarrelled with her; I would ask you, whether the woman was not strong enough to get the better of him? Whether you did not think the woman to have more strength than the Prisoner?

Palmer. I have seen them fighting often; she was a lusty woman to be sure .

Q. Was she a strong, robust woman?

Palmer. I don't know, I never tried her strength. He was standing at the head of his wife, after he came back from the surgeon's: and I said, if your wife dies, you shall be hanged; will that satisfy you, said he?

Palmer . If it does not, says I, you shall be gibetted; will that satisfy you, says he?

Q. I ask you, whether he lamented the misfortune , and seemed sorry or concerned for his wife?

Palmer . He did not shew any sorrow at all.

Q. Did he confess any thing?

Palmer . No.

Q. Was there any washing-tub found upon the ground?

Palmer . No; there were two hoops found there the next morning .

Q. What sort of a sound was it?

Palmer . As if somebody plump'd naked upon the ground.

Q. Had she any clothes on?

Palmer . No; she had nothing but her smock on.

Q. Had you never any quarrel with him?

Palmer. I never had any quarrel with him, only for preventing him from beating his wife.

Q. Had you no quarrel with him at this time?

Palmer . No; I only do this to do justice between God and man.

William Carwell . I was sent for to measure the sash in the room, where the Prisoner lodged.

Q. Now give us an account of the height of the sash from the floor.

Carwell. It is two foot seven inches and an half from the floor to the bottom of the sash; the height of the sash is two foot, one inch and an half; and the width in the clear is two foot eight inches.

Pris. Coun. Don't you think that a person by leaning too much over, may fall out?

Carwell . I can't think it: it is not impossible, but it is very impropable.

Q. Is there not a seat to the window?

Carwell. Yes, it is about eighteen inches high.

Q. ( to Palmer .) You said there was a very great noise with the sash, was any part of the sash broke?

Palmer. No, nor the glass that I know of.

Q. You heard the sash fly up?

Palmer. Yes .

Edward Close . When the Prisoner came home, I was at work up one pair of stairs; the Prisoner came and knocked at the door, and called to his wife to let him in; accordingly she got out of bed and let him in: not in at the street-door, but the door of his chamber. A little after he had been in, he and she came to the head of the stairs, and they were struggling together; accordingly she called out to my landlord for help, my wife was tainting the child at the fire.

Q. What is that?

Close. Changing a clout. The Prisoner's wife called out, Mr. Palmer; my landlord did not come up; so the Prisoner and his wife went into their room together. After that, there was a little sort of a rusling with feet about the room; and when the rusling was over, the Prisoner at the bar run out of the room, and said, Oh my Esther ! Oh my jewel! I was hammering, I left my hammering, and looked out of the window, and saw the poor woman lying on the ground upon her face.

Pris. Council . Was there a tub found in the yard?

Close. There was a tub found in the yard, near the deceased's feet.

Q. Do you think any body put the tub there ?

Close . I don't know.

Q. Was the tub broke?

Close. It was not much broke.

Elizabeth Close . The Prisoner when he came home, knocked at the chamber-door, and said, Esther , Esther, and she made answer and said, where he had been, he might go again ; with that, he made answer and said, it was her best way to open the door; with that she jumped out of bed directly , and opened the door for him. There was a little struggle before they came to the head of the stairs , and she cried, Mr. Palmer, for God's sake help me ; I made answer, and said, Mrs. Mascall , who do you call to? She made answer, and said, Mr. Palmer; they went into the room again, and in a little time, I heard something fall. I looked out of the window , and saw her lying on the ground, with her smock up above her thighs; she was brought up stairs , lived about an hour, and died upon my bed. There was a midwife sent for, and she said, there was a child within her, which she could not have gone with three days, but the child was dead before her. He was no more daunted than any thing.

Pris. Coun. Did not he lament over her?

Close Yes, but I believe it was only a pretence; I have seen her beat in a barbarous manner before, with a child in her lap, and another in her womb: for I nursed one for her.

Q. I don't blame you for taking the woman's part; what provocation did she give him?

Close. None at all; she was as mild a woman as could be, and when he contradicted her, she would not contradict him again.

Elizabeth Palmer . About three weeks or a month before, she said, her husband threatened to throw her out of the window.

Q. Did you ever see him strike her?

Palmer. No; but I have seen her have very black eyes.

Richard Sale . On the 7th of Jan. a little time after I was in bed, I heard the poor woman squeek, and afterwards I heard her fall upon the ground.

Q. What sort of a squeek was it?

Sale. As if she was crying out for help; then I looked out of the window, and saw the deceased lying upon the ground.

Q. Did you ever hear any scuffle between them?

Sale. I have sometimes heard a great noise in the room.

Henry Waldron . I heard a noise, and got out of bed: and in a few minutes I heard the deceased fall to the ground.

Q. Before you heard the deceased fall upon the ground, did you hear any thing between her and her husband?

Waldron . Nothing at all; and at the same time she fell, I heard water fall; they lived very badly together , and I have heard her cry out murder in the night. I believe, ten or twenty times.

James Bryan . I am a lodger in the same house, one pair of stairs above them ; I was in bed, and I heard the deceased call to Mr. Palmer to come up, four or five times, and heard some disturbance in the room; and I imagined that they were throwing water at each other. Afterwards I heard the Prisoner go down, and he said, his dear wife or dear-Esther , or something like that; afterwards Mr . Palmer accused him of throwing his wife out of the window , and killing her.

Q. How did the Prisoner and his wife live together ?

Bryan . I can't tell, I had not lived there long.

Joseph James, surgeon . I was called upon last thursday to examine the body of the deceased; I attended the coroner's inquest: there was a cut over the right eye, upon the forehead, which seemed to be done by a stone, or something ragged. There was another upon her right knee, and a cut upon her nose; and both bones of the nose were all to pieces , and her tongue was cut, and hung out of her mouth; and her knees were broke. These wounds seemed to be done all at one fall, because the wounds were all on one side .

Q. The question is , whether you think she did die of the fall?

James . Yes, I believe she did die of that fall.

Prisoner. My Lord, and gentlemen of the Jury, if I was guilty in the least of this misfortune , I would not give you any trouble. I am a shoemaker, my master brought me some work, and said, if I would go with him to the Three Cups, he would give me some work, and he gave me a tankard of beer ; I said, I would be my three pence, and we would have another tankard. Afterwards I went to my brother at Newport-market, we had four pints of beer, and for fear I should be looked out , I came home the sooner. I called out several times, Esther let me in; at last the street-door was opened , and I went up stairs to my own door, and called Esther, and she let me in, and said , so you are come; I said, don't be angry, for I am not: and laughed at her. She took and threw up the sash, (being angry, as I thought ,) and was going to throw out a tub of water; said I, what do you throw the water out for? Said she, I will throw it out, and she did throw it out; and she went to throw it as far as she could, and threw herself out. I went to catch hold of her, but could not reach her; and I said, Oh my dear jewel! she is gone out of the window: and my landlord said, Oh you rogue! you have killed her . When she was brought in, she was all over bloody, and could not speak; says Mrs. Palmer, fetch a halfpenny worth of hartshorn drops , which I did; then my landlord fell a cursing and swearing at me, as much as he could: and then I went to surgeon Tate, and afterwards he got some of the watchmen, and took me Prisoner. I never touched my wife all the time I was in the room.

Edward Ward . I have known the Prisoner four years and a half, and I know him to be a very civil fellow, and in his way of living is honester than a great many tip top people; his wife was a very hasty woman, and a very desperate woman. Please to hear me one word I have to say, it is neither a help to the man nor the woman; she said to me, my husband goes on in a terrible way, he destroys and sells all he can, and if he goes on this way I will make away with myself.

Daniel Gregory . I have known the Prisoner four or five years, he lodged with me about three quarters of a year, his wife was at service part of the time, and then he brought her home; he was as good a tempered man as any in the world, and his wife was a cross ill-natured woman.

Thomas Morris . I have known the Prisoner six years, he lodged at my house twice, and he was as civil a man as any body could have in his house, mild tempered, and far from spending his money as some people do, and I never knew him apt to quarrel.

Eliz . Morris. I have known the Prisoner six years, he is a very sober honest young fellow, and kept very good hours.

Thomas Knight . I have known the Prisoner five years, and he is a very good tempered man. I have bought work of him, and sometimes we would go and get a pot of beer, and sometimes she has come in cursing and swearing, damning and sinking, and she has taken a pot up and cut him down. One time I went to his house , and they were fighting, her gown and stays were off, and I took her to be master; it is as much impossible for him to throw her out of the window , as it is for me to take my Lord out of his seat , for she would beat three of him.

Eliz. - The Prisoner is a very sober man, and his wife was a very turbulent and troublesome sort of a woman.

Mary Wright . I did lodge in the same room as the Prisoner; I had been washing, and was going to throw some water out of the window, and endeavouring to throw it a great way from the wall, I should have fallen out, unless my husband had taken hold of me, Acquitted .

He was likewise acquitted on the Coroner's Inquest.

107. William Turnbull , of St. Ann Limehouse , was indicted for stealing four barrels of tar, value 4 l. the property of William Seaman and Richard Grundy , and two barrels of tar, value 2 l. the property of Richard Knight , December 17 .

Richard Grundy sworn.

Pros. Coun. Did you at any time, in the month of December, lose any barrels of tar?

Grundy. Yes. I had a letter sent me to inform me that some of my tar was landed at Beighton's-Wharf , I went to Beighton's-Wharf , in St. Olave's gateway.

Q. Did you see the Prisoner there ?

Grundy. Not the first day. When I came to Beighton's-Wharf I saw some of my own tar , and I went to see whether I had lost any off my wharf.

Q. Was your tar designed for abroad?

Grundy. It was designed for the East-Indies , and was iron bound, because it was to go into a hot place.

Q. Did he offer to fell it?

Grundy. Yes; he at first asked 22 s. 6 d. and afterwards he said it was really sold.

Q. Who did he fell it to?

Grundy. To Mr. William Coffin in the Borough.

Q. While you was treating about this was there any cart brought there?

Grundy. Yes, and loaded six barrels; I followed the cart to Mr. Coffin's house, and he had bought it at 16 s. a barrel.

Q. What was it worth?

Grundy. It was worth a guinea, and as it was in iron bound casks , it was worth 23 s.

Q. Did Mr. Coffin take it in?

Grundy . No, he was afraid it was stolen, and he would not take it in.

Q. Would he have forced you on board the tender ?

Grundy . Yes, but we resisted and he could not do it; then he went on board the tender, and we pursued him, and went on board.

Q. How did he behave then?

Grundy. He said, I think, down with the main hatches and take them into custody.

Q. Do you think he did this in order to make his escape?

Grundy. Yes.

Pris. Coun . You say there was some tar upon the wharf, did the Prisoner make use of any person's name that it belonged to?

Grundy . He said one Capt. Neptall had brought the tar for him.

Q. Had he brought any before?

Grundy . He had brought pitch before.

Q. Was there any money advanced on account of this pitch and tar? please to recollect, whether you did not mention that there were four guineas advanced by some woman?

Grundy. There was some talk of money that was advanced.

Q. Did he say his own wife had advanced some money?

Grundy . He said she had.

Q. Does not tar differ in its price, according to the goodness?

Grundy . Yes; this was Stockholm tar, and worth 21 s. a barrel.

John Hodges . I am a wharfinger at Limekilndock-Wharf .

Prof. Coun. Do not Mr. Seaman and Mr. Grundy lodge their tar at your wharf?

Hodges. Yes.

Q. What quantity had they at your wharf?

Hodges. Just forty barrels. I missed six barrels of tar on Tuesday the 15th of December, at night.

Q. Where did you find any of them?

Hodges. There were six barrels found at Beighton's Wharf, four were the property of Seaman and Grundy, and two the property of Richard Knight .

Q. How did you know them?

Hodges. I had marked them with my own mark, some had one R, and some had two R's, acording to the difference of the tar.

Q. Did the Prisoner offer to sell this tar?

Hodges. Not all that I know of.

Thomas Hattersley .

Pros. Coun . Was you at Beighton's Wharf when the pitch and tar lay there?

Hattersley . Yes, the Prisoner at the bar came to my shop and offered to sell it me, and it was, he said, at his wharf; while I was looking at the pitch, I told him I could not tell the quality of it without seeing it, he cut a barrel in two, and it looked but very indifferent then. I examined the quality of the tar.

Q. What price did he ask ?

Hattersley. The Prisoner said he was to give 15 s. for it, and if he could make any thing more it was for himself.

Q. Did you see that they were iron bound?

Hattersley. Yes.

Q. And did you suspect that they were not honestly come by upon that account?

Hattersley. Yes. I said how came these to be iron hooped? he said it came from Northbergen , and that iron hoops there were as cheap as wood.

Q. Did that raise the suspicion in your mind?

Hattersley. Yes, and that was the reason I would have nothing to do with it; he followed me, and said I need not be in any doubt about it, for he would make me a bill of parcels, and give me a receipt.

Pris. Coun. Did not the Prisoner call a man out of a publick-house?

Hattersley . Yes, and he said he was the owner of it , and that that man had brought it over.

William Coffin . The Prisoner came to my house the 17th of December, and said he had some pitch and tar to sell; he said he kept a publick-house at the wharf, and had twelve barrels of pitch and tar from a particular friend of his, a captain of a Guernsey man. I do not know whether he asked 18 s. or not, I told him the tar was very good, and worth more money, but the pitch was very bad; he said he was to give his friend 15 s. for the pitch and tar together; I bid him 16 s. a barrel for the tar, he refused to take it, and said it was worth more money; afterwards he called me back, and said it lay in his way, and I should have it at the price. I went home, and the Prisoner at the bar came and asked why I did not come for the tar: He had loaded this tar before the gentleman who owned the goods came down; I told my man I had bought some goods, and expected them to be brought. When the tar came, my man told me he believed it was not honestly come by, and I would not take it in; the Prisoner said the tar came from Northbergen .

Nathaniel Owen . I went to Beighton's Wharf presently after Mr. Grundy was upon the wharf. I asked the Prisoner whether he had any tar to sell, he said yes; I said, is this your tar? he said yes; I said, is that your pitch; he said yes. I asked him the price of the tar, he said 22 s. or 22 s. 6 d. a barrel; and he said they were sold to a man in the borough: The Prisoner would not tell the name of the Person he sold it to; therefore Mr. Grundy thought it was not honestly come by, and I thought so too.

Q. What reason had you to suspect that ?

Owen. When I find any iron bound tar in such a person's hand I always suspect it; the Prisoner had put the broad arrow upon the tar; said I, who put this on? he said he did, because it had not paid the King's duty, and said he was a King's officer; said I, if you are a King's officer, let it be carried down to the warehouse; but he did not let it go to the King's warehouse.

Q. Did you see him put on the broad arrow?

Owen. No; but he told me he had.

Mr. Hodgson. I was desired by Mr. Sarp , to go to Mr. Beighton's wharf, and I saw the tar carried away in a cart; and in a little time it was brought back again in a cart, because Mr. Coffin would not take it in.

There was a warrant got, and the Prisoner threatened to take us on board the tender, with a press-gang; there were four or five fellows, that pretended to take us away, but we resisted, and asked him whether he had any authority, but he could not produce any; then he discharged the men, and threw away his hanger, and went on board the tender. Some time afterwards, Mr. Grundy and I went on board the tender, and the Prisoner bid them shut down the hatches , for he had orders from the Lords of the Admiraley , to sail directly. I asked the commander of the tender, whether he knew the Prisoner, he said, he did not. I said, we came after him, in order to take him up on suspicion of a felony. Mr. Turnbull desired he might speak to the officer of the tender, and the officer said, we might take him on shore again; (he drew his hanger on board the tender) we took him on shore, and then got a warrant and secured him.

Q. What did he say, as to the reason of his putting the broad arrow upon it?

Hodgson. He said, he put the broad arrow upon every one of them, and said, he believed they were goods that had not paid the duty, and therefore he seized them in the King's name.

Samuel Beighton .

Q. Do you know this wharf that is called Beighton's wharf?

Beighton . Yes, but it is not properly called Beighton's wharf; there is a large wharf belongs to me, called Beighton's wharf, but this is a little trifling thing; it is an open yard for people to go and take water at.

Q. Do they land tar there?

Beighton . Yes, it is the nearest place to the bridge of any wharf whatsoever.

Q. Is it a publick wharf?

Beighton . Yes, it is as publick as this is.

Q. What is that an alehouse that the Prisoner said he lived at?

Beighton . Yes.

Q. Is he your tenant?

Beighton . No, I know nothing at all of him, I have seen him before I believe. Francis Johnson pays me the rent for the house.

The Jury found him guilty of stealing the four barrels of tar, to the value of four pounds, but acquitted him of the rest of the indictment .

He was second time indicted for stealing five barrels of itch , the property of John Graves , but he was no tried upon that indictment.

109. + Thomas Sutton , was indicted for being seen at large in Great Britain within the term of seven years, to wit, on the first of January last, without lawful cause, after his having received sentence of transportation ; but it appearing that he was taken by the French, and carried into Port Lewis, and brought over here in a cartel-ship is a prisoner of war, he was acquitted, and was again ordered to be transported .

110. William Pullinger , was indicted for stealing a seat belonging to a sedan chair, value 3 s. and two curtains, value 6 d. the property of Richard Evans .

114. John Barnes , of St. Martin's in the Fields , was indicted for stealing a parcel of hard ware from his master , John Parsons , Dec. 15 .

Guilty .

[Transportation. See summary.]

115. Francis Swinston , was indicted for stealing a pair of stilliards with a leaden weight, value 18 d. the property of Robert White .

Guilty .

[Transportation. See summary.]

116. 117. John Brown , and Matth.ew Lemmon , were indicted for a conspiracy, with an intent to defraud William Pyle , by playing with false cards at the game of cribbidge ; but the Prosecutor not appearing they were acquitted .

The trials being ended, the Court proceeded to give judgment as follows.